Study On The Qualitative Analysis Of "Double Deceiving" Behavior

The behavior pattern of "double deception" refers to that the perpetrator makes use of the false facts or adopts the way of concealing real facts to take control of movable or immovable property in the preceding act,while taking the same approach to transfer the property into desired economic benefits in the subsequent act,which generally presents as money.With the aim to conduct a centralized research on the "double deception" behavior,the aforementioned false facts and concealed truth are limited to the range where the actor holds back the fact that he is unauthorized to dispose.The lawful quality of such behavior is mainly analyzed from two aspects,namely,the illegality of the offence and the responsibility of the perpetrator.Firstly,Chapter One defines the connotation and extension of "double deception" ,as the word itself is not a concept in the sense of criminal law,instead,it's a definition given by scholars to summarize the special case in type of fraud cases.Therefore,at the very beginning of the thesis,the behavior mode requires to be defined,in particular the conception of "deception" .The "deception" in "double deception" is not purely "deception" but the same as "fraud" in fraud-related crimes.It has its own pattern of behavior,which means that the actor is making up the fact,causing the other person to fall into misunderstanding,the other party disposes of property on the basis of this misunderstanding,that is,"deception" in the normative sense or "deception" in the criminal law.Secondly,the civil relationship of "double deception" behavior is analyzed in Chapter Two.The first step is to determine whether it violates the law in terms of jurisprudence,leads to infringement of legal interest,or causes realistic and urgent danger of violating legal interest.As a kind of crime against property,the behavior mainly violates property interest,hence analyzing if there is a loss from the perspective of civil relationship and if the violation achieves the certain degree of criminal punishment or not may serve as a significant guidance for us to decide whether "double deception" is illegal.In the position that spoils is applied in good faith,when the later behavior is a transactional behavior,The relative person of the later behavior is third party acting in good faith based on the system of good faith and does not have to return the property.Therefore,the latter behavior did not result legal interest infringement.Judgment of legal interest infringement behavioral depends on the comparision between the loss caused by the person default on obligation and pledgee ' s gain on theexercise of pledge rights.If the pledgee exercised the pledge right,it did not make up for the loss caused by the actor's failure to perform the relevant obligations,And this difference has reached the threshold of conviction for contract fraud in the criminal law,then it will violate the criminal law.If the pledgee exercised the right to pledge,it can make up for the loss caused by the actor's failure to perform the relevant obligations,and the latter behavior does not have penal law violations,and it is also true when the latter behavior is to mortgage the loan.Thirdly,Chapter Three fully discusses and demonstrates the affirmation methods of "intention of illegal possession" .In cases of "double deception" ,the greatest controversy is which category the preceding and subsequent act belong to: criminal scams or civil fraud.The crucial difference of them is that the former type of criminal offense has the characteristics of "intension of illegal possession" ,while the latter does not.This thesis adopts a stance that "intension" is put forward based on responsibility rather than a constitutive element,as such,as a subjective definition,the affirmation of it needs to be based on objective reality,and the criminal presumption is therefore a comprehensive process.At last,defining the guiding principles of double deception behaviors based on concrete analysis.On account of the conclusion in Chapter Two,where the civil relationship of "double deception" is analyzed,whether it is illegal is investigated.If yes,the author will delve into its illegality,that is,whether the preceding and subsequent act as a whole is an illegal behavior,or each of them has illegality.Later,based on the argument conclusion in Chapter Three,the author analyzes whether the perpetrator has the intention to illegally possess on the basis of illegal behavior or not.Different from the method that "double deception" is studied from the angle of the theory of quantity of offence before the preceding and subsequent behavior is conducted an analysis of composition of crime respectively,this thesis divides it into two acts and then carries out the analysis of "illegality" and "responsibility" ,the ultimate purpose of which is to first of all affirm both acts conform to the composition of crime,and then decide the problem of quantity.