The Qualitative Research Of The Car Pledge Loan Behavior

With the development of economy and the improvement of life quality,cars of various brands and styles are unceasingly increasing,and cars has become the commonly used means of transportation.Also,because of the simple car renting procedures,high cost performance and independent choice,car renting behavior has become a more popular way to travel.While car rental propels the growth of the economy,it also leads to some problems.In recent years,the fraud cases of car pledge loan are increasing.In judicial practice,there are different opinions on the qualitative issues of the behavior.Car pledge loan behavior refers to the actor behaviors as a renter renting a car from a car rental company,and takes the rented car as a pledge and borrows money from the lender.It is characterized by three aspects:the complexity of the behavior,the illegality of the behavior and the infringement of the legal interest of the behavior.There are different opinions concerning about how to determine the nature of car mortgage fraud,There are two theories concerning about how to determine the nature of using real information to lease a car and mortgage fraud,which mainly includes"innocent","the crime of embezzlement"."Innocent" holds the view that car pledge loan behavior constitutes no crime,it has just violated civil law,which can be handled by civil law."The crime of embezzlement" holds the view that the car pledge loan behavior constitutes the crime of embezzlement.There are three theories concerning about how to determine the nature of using false information to lease a car and mortgage fraud,which mainly includes "the crime of fraud","the crime of contract fraud","Plural crimes"."Plural crimes" makes the point that the car renting behavior and the car pledge loan behavior constitute the crime of fraud,which should make concurrent punishment of plural crimes of a kind.And "Plural crimes" holds the view that the car renting behavior and the car pledge loan behavior constitute the crime of contract fraud,which should make concurrent punishment of plural offense of different kinds.The above qualitative analyses of car pledge loan behavior are from different perspectives,which has their virtues as well as flaws.The accurate qualitative analysis of the car pledge loan behavior is based on the clarification of some theoretical issues.The different types of behavioral performance also have an impact on the accurate qualitative of this type of behavior.If the actor uses real information to lease a car,but defrauds the lender after getting the car,the behavior constitutes an implicated offender for the crime of embezzlement and the crime of fraud.If the actor uses real information to lease a car,and does not defraud the lender after getting the car,then the behavior constitutes the crime of embezzlement.If the actor uses false information to lease a car,and then defrauds the lender,the behavior constitutes an implicated offender for the crime of contract fraud and the crime of fraud.If the actor uses fasle information to lease a car,but does not defraud the lender,the behavior constitutes the crime of contract fraud.