The Study On The Qualitative Problem Of The Act Of "Pledge" To Cheat The Car After Renting A Car

Since the rapid development of the car rental market in China,it is common for the car to use the vehicle to carry out "pledge".Although the implementation of this behavior is easy to take,and as the surface of that behavior,there is always has a problem about the guilty or innocence,and this crime and other crimes and the crime of the dispute.First of all,in the crime level,mainly relates to the boundary problem of the criminal "fraud" and "civil fraud";furthermore,this crime and other crime problems,with between contract fraud and fraud dispute;finally,in the form of crime number states problem on the existence of "implicated" and "impunibilis behavior" which has a controversy with the punishment.In order to maintain the development order of the car rental market and better protect the legal property rights and interests of the citizens,we must be dealt with those problems accurately.This article is a case analysis type of graduate thesis,the author mainly from the following three parts to expand my own discussion.The first part of this paper is a case introduction and the three focus of the case.The second part of this article is about the case analysis: in this part,the author first summarizes the nature of the action carried out by the local court to the actor in this case,and makes a brief discussion based on the verdict.Then,the author of "the purpose of illegal possession" of the subjective and objective judgment of the key points for the crime.In the end,the implementation of the behavior of the case of people "behavior",namely cheat rent car behavior are analyzed,and the implementation of the behavior of the case of people "behavior",namely the use of cheat rent a car for "pledge" cheated behavior analysis.The third part of this article is thinking and suggestion for this case: in this part,the author summarizes the actual situation of the case,and puts forward his own conclusion.First of all,through the analysis of this case certainly cheat rent car acts constitute the crime of contract fraud;moreover,the "pledge" cheated behavior qualitatively,that the act constitutes a crime of fraud;finally,based onthe "implicated" theory and "impunibilis behavior" criticism,certainly in the quantity of crime.So in my opinion,the "punishment" is reasonable.