The Distinction Between Fraud And Theft In The Telecommunications Network Fraud Cases

No matter in which part of the world,theft and fraud are the most traditional and ancient kind of all the cases,the distinction between them has always been an important topic of great significance in judicial practice.Nowadays,science and technology has a continuous development while our lifestyle has undergone great changes,at the same time,theft and fraud showing a more complex intertwined state,leading the different result of same case in various regions owning to different standard.This article takes the typical case No.27 announced by Supreme People's Court as an example,which characterized by its two facts with high similarity in the appearance of behavior.Analyzing the controversial standpoints,this article presents that understanding well the character of self-harming crime and based on that to distinguish the two crime,we can then identify the facts in the case.This article covers 4 parts to discuss.The first part introduces the typical case No.27 and the reason of judgement by court,and summarize the focus of dispute and standpoints of each part.The second part presents the concept and function of the self-harming in property crime,and analyzes the differences in constitutions and the protection in legal interest between theft and fraud in the view of the character of self-harming crime.The third part proposes that whether there exists act of disposition with the character of self-harming is the key standard to distinguish theft and fraud.Analyz:ing the act of disposition and subjective consciousness factors of the act of disposition,this part then makes a theory choice in the view of the character of self-harming crime.The last part we firstly illustrate some examples cases which similar to the No.27 case to propose our opinion on the case,then evaluate the facts based on that,and at last point out the insufficient in the reason of judgement by court.