After Lying To Rent The Vehicle Mortgage Cash Behavior Research

With the rapid development of market economy,commercial trade activities present diversified trend,bring infinite business opportunities for many investors.Car rental industry is no exception,catering to the demands of the customers,a variety of sizes to rent a car in all parts of the country developed quickly,showing a thriving vitality.However,the related cases occurred frequently,also brought great to lease the assets of the loss,disrupted the market economy in our country,is also one of discordant note in our country.This paper is divided into four parts:The first part,this paper introduces the basic information of the case.This paper introduces the focal point of inductive case dispute.Are the main facts of this case:Zhang's to Sun's car to cheat,to rent a car on the day.He is about to open the car to the repair shop,saying the car owner entrust their car to their pledge loan,and cars as the pledge,diddle borrowing.Zhang's to return to for debt and personal spending.First that the delay it for traffic accidents,closed after the communication tools to escape.On the basis of a brief introduction to the case,this paper expounds several different opinions,on this basis,summed up the case is the following controversy: the implementation of fraud in the form of oral contract how crime;Vehicles will pledge loan to another person's crime,should decide how to;In the name of the car rental of vehicle behavior;In the name of the car rental to defraud the behavior of the vehicle and vehicle pledge loan to another person,how should two behavior qualitative,should be to a crime or should combined punishment for several crimes;Concluded that whether and how the amount of the case will be accumulated.The second part,the relevant legal analysis of the problem.In the beginning,the form of the contract a question has carried on the theoretical definition,detailed the oral contract has carried on the analysis on the theory and practice.Second,about the difference between the contract fraud and contract dispute are expounded.Then,the series crime,involved crime,and the number of crimes through analysis.Finally,the contract fraud crime is analyzed,how to calculate the amount of crime in detail.The third part,the analysis and conclusion to the case.Combined with the second part of the analysis of the related legal theory,for the case of vehicles will pledge loan to another person's crime has carried on the qualitative.According to the related theory analysis of contract fraud.In addition,combined with continuous and made in the relevant theoretical knowledge,came to the conclusion that the actions belongs to the series crime,crime punishment of the crime of fraud of the contract and,however,the amount should be twice the amount of fraud combined punishment.The fourth part,the research and enlightenment to the case.According to the case,in theory,legislative level and judicial application of comprehensive analysis.Aiming at a series of problems in the contract fraud in practice,puts forward some constructive Suggestions in the process of performance of the contract,and puts forward some perfect sex of contract fraud suggestion to reduce the probability of contract fraud crime in the judicial practice.