The Research On The Cross-question Of Penal Offence And Civil Problem In Car Rental Pledge Loan Cases

Car rental pledge loan cases,also known as car rental fraud,fraud rental car mortgage loan case,car rental fraud,serial car rental fraud,and so on.This kind of case,the offender to borrow for the purpose,after lie to rent a car from a car rental company,and under the guise of "shall have the right disposition" the identity of using the vehicle security for the debt of the third person(lenders);In the two civil ACTS of leasing vehicle and guarantee loan,the purpose of illegal possession is to obtain the property of other people by means of deception.Therefore,the borrowing behavior of car rental is related to the crime of fraud.This kind of behavior involves both civil legal relationship and criminal legal relation,and it overlaps with each other.Therefore,the loan of loan pledge is a cross-case of the criminal.Due to the characteristics of multiple parties,various behaviors and overlapping legal relations,the problems in judicial practice are unclear and qualitatively confused.At present,the judicial practice and the theory of criminal law are mainly engaged in the discussion of such cases.The author thinks,this kind of case,the offender of criminal responsibility,identifying depends on the civil legal relationship of relevant qualitative this kind of case is the key to the civil right in good faith system,the third person(lenders)goodwill obtaining qualitative influence of the vehicle right of criminal case involved.When the third party(lender)has a good intention to obtain the vehicle quality,it can guarantee the realization of the creditor's rights with the priority of the vehicle involved,and there is no danger of property loss or property loss.Therefore,the third party(lender)will acquire the right of the vehicle in good faith to prevent the fraud of the third person(lender).There are four parts in this dissertation according to the formation analysis of these ideas:Part one: The status of judicial processing of car rental pledge loan cases.In this part,the legal characteristics of car rental pledge loan cases are analyzed first.Secondly,through the collection arrangement of a large number of cases,I have concluded the main treatment planfor such cases in the present judicial practice.And I analyzed whether these theories including the afterwards act of impunity theory,implicated crime and continual offence apply to such cases or not.Part two: Analysis of the cause of the chaos of the car rental pledge loan cases.Through two typical cases,it reveals that the relationship between criminal law and civil law is contradictory in the qualitative aspects of the car rental pledge cases,and the reasons for this contradiction are analyzed.So I think the main reason is that in the procedure and in the actual cases,people lack a sense of urgency about the criminal relations and the civil relations.Part three: General treatment recommendations for car rental pledge loan cases.This part is the core if this article.Through the definition of property loss in the crime of fraud,and I analyze the suitability of the stolen goods and the constitutive elements of the goodwill obtaining system,it's concluded that the lender can obtain the quality of the vehicle in the goodwill obtaining system under certain circumstances.But the act of preventing the perpetrator from guaranteeing the loan will constitute a crime when the lender obtains the right of vehicle quality in the goodwill obtaining system.Part four: Special handling proposals for car rental pledge loan cases,that's to say that analysis of a special form of the car rental pledge loan cases: The person who has secured the loan shall then steal back the vehicle and return it to the leasing company.I think of this behavior as an afterthought,through an analysis of the purpose of illegal possession.It cannot be denied the purpose of illegal possession by this act.Through the analysis of the crime of theft,I think in such cases,only the lender has the goodwill to obtain the vehicle quality,the act of stealing a car could constitute a crime.When the lender is not able to obtain the vehicle quality in goodwill obtaining system,the act of stealing a car may not constitute a crime but a part of the crime if fraud.