A Qualitative Study On The Interweaving Of Theft And Fraud

The crime of violating property has the characteristics of diversity and complexity,especially in recent years,with the development of economy,the crime of theft and swindling is frequent,and there are some difficulties in the judicial practice.The objective characteristics of the cases of theft and fraud are in short,they have both larceny and swindling,and they look like both theft and swindling.This paper combines a case of theft and fraud.Through the analysis and demonstration of the legal issues such as "how to characterize the act of stealing the pledge","the protection of possession","the purpose of illegal possession" The author puts forward the analysis thinking of distinguishing theft crime from fraud crime by the main way theory and the punishment behavior theory,and draws the conclusion of this case.Through the analysis of the thesis,we hope it will be useful to deal with similar cases in judicial practice.The full text is divided into four parts,a total of about 22000 words.The first part is the basic information of the case.This part introduced Wang to victim Dong promise,Dong helps him to pay off credit card debt,Wang Chia car pledge to Dong,later stolen Kia car,and will be left in a credit card to report a loss,then Dong reported the case.There are three opinions about how to characterize Wang's behavior in court,procuratorate and defender in the process of dealing with this case.Firstly,the court held that the crime of theft should be convicted;Secondly,the procuratorate claims that the crime of fraud should be convicted.Third,the defendant and his lawyer argued not guilty and the case was a civil dispute.The focus of the case can be summarized as: whether the legal possession obtained by the pledge can be protected by the property crime law,the effect of the "purpose of illegal possession" on the characterization of property crime,and how to characterize the act of Wang's theft of the impawn property.The second part,the analysis of the legal issues involved in the interlacing of theft and fraud.This part discusses three aspects: First of all,the article starts with the legal interest of property crime infringement,This paper combs the viewpoints of "ownership theory" and "possession theory",and then expounds the basis of criminal law protection of possession right formed by pledge.Secondly,the author discusses the purpose of Wang's illegal possession,the victim's disposition and the judgement of the disposition consciousness.Finally,through the analysis of the limits of larceny and fraud,this paper probes into theprinciples,methods and thinking approaches of the nature of the act of theft and swindle interweaving.The third part,the analysis and conclusion of this case.First,Wang's behavior constitutes a crime.According to the subjective viciousness of the impostor's theft of the pledge and the social harmfulness of the act,the judicial practice acquiesces that the perpetrator has the purpose of illegal possession,which violates the legal interest of criminal law protection.Second,Wang's behavior does not constitute fraud.The main way theory" and "the disposal behavior theory",Wang's main behavior of property infringement is not fraud,and the victim Dong has no disposition consciousness and disposition behavior,so it does not constitute fraud crime;Third,Wang's behavior constitutes larceny.The possession right formed by hypothecation should be protected,for the purpose of illegal possession,stealing the car pledged to Dong,directly depriving the victim of possession of the property through the act of theft,which belongs to stealing the property of others.Wang belongs to stealing the property of others.The act of larceny and swindling of Wang shall be punished as larceny.The fourth part,the research inspiration of this case.Through the analysis of this case,the author proposes some improvements in the judicial and institutional aspects: First,the right of possession should be protected.The protection of the right of possession formed by pledge is not comprehensive.When the judge exercises his discretion,he is apt to make different judgments and influence the authority of law,so the judicial interpretation is very important to provide for it.Second,the importance of "purpose of illegal possession" in property crime;Third,the superiority of the doctrine of "the main way" and the doctrine of disposition of conduct in dealing with such cases.