A Study On The Judicial Determination Of The Interlaced Property Crime

In order to study the cases of interlaced property crime and clear the boundaries of the fraud crime and theft,this article will start from a controversial case so that can provide some reference for the judicial practice by using the methods of comparative analysis and case study,combining with the relevant theoretical knowledge of property crime.The full text consists of four parts and runs to about twenty-eight thousand words.The first part: A short description of the case's basic fact,including the cause of action,the main points about the case,the focus of disputes and the different ideas.It mainly introduces the basic situation of Mr.Wang's switching two-dimensional code and the viewpoints of pros and cons,and puts forward the controversial focuses to the case.The second part: the related legal analyses.Controversy surrounding the case,the main legal analysis from three aspects.Firstly,The factors should be considered when we determine the victim in the invaded property crime.In the property crime,the legal interest infringed doesn't be limited to the ownership,possession included.The possession in criminal law consists of the objective facts and the subjective sense.Secondly,the distinction between fraud and theft in the interlaced property crime.There is a fundamental difference in the degree between the deceptive means of theft and the act of fraud.And the disposition act is the key to distinguishing the theft and fraud.Thirdly,the distinction between triangular fraud and theft in the interlaced property crime.In the triangle fraud,the cheated should be the first to have the ability to punish,and then authority or status,which is judged by the general society concept,namely,authorized by the victim in fact.The third part: the study and conclusion of the case.This part mainly analyzes the argument from two aspects,and draws the conclusion that Mr.Wang constitutes the crime of fraud.In the case,with paying up directly to Mr.Wang,the customer can be considered as the case directly victim.Although the seller suffered ultimate loss,its losses can be resolved through civil ways,because of the continuing business contract.Mr.Wang's stole the two-dimensional code is not the essence of “stealing”,but “switch”,that is to say,his behavior itself is fraud rather than theft.The fourth part: the study of revelation to the case.Because the act of fraud and theft are intertwined,the distinction between fraud and theft is difficult.Therefore,when dealing with several similar cases,we should firstly clarify the deceptive behavior in the fraud and theft so that we can clear which behavior is mainly carried out by the perpetrator.In addition,the act of disposing is playing an essential role in clearing the way of transferring property.