Discuss The Boundaries Between Theft Crime And Fraud Crime

With the development of science and technology,the improvement of payment methods,the more and more criminal means,the frequent cases which include the feature of both theft and fraud,the traditional theory of differentiation is difficult to deal with the increasingly complicated cases,how to accurately identify such cases has become an important issue in judicial practice.In this paper,the author puts forward to distinguish between theft and fraud by means of comprehensive analysis of the main ways of the perpetrator's wealth and the disposition of the victim.This article is divided into four parts:The first part,in this part,the author analyzes the traditional distinction theory of theft crime and fraud crime.The traditional theory mainly includes from the behavior of the point of view,from the disciplinary action and the concept of punishment to distinguish between the point of view from the causal relationship between the views of three kinds.These three viewpoints are accurate and qualitative in simple cases in judicial practice,but it is difficult to judge the nature of the case and make the dilemma of the different cases for the complicated cases of the theft and cheating.In the second part,the author analyzes the behavior structure of the crime of larceny and fraud and compares the differences between the two crime behaviors.As for the crime of larceny,this paper analyzes the "secrecy",the stealing Behavior "nonviolence" and other objective features of the theft,and analyzes the deceptive behavior of the perpetrator,the source of the victim's mistaken knowledge,the development of the latter and the way of the author's wealth.The third part,through the judicial practice of typical cases such as theft after the first fraud,fraud after the theft,cheat brightly and steal secretly,name cheat real steal and so on classification summary,proposed through to the behavior person to obtain the money the main way and the victim's disposition behavior carries on the comprehensive analysis method to the theft crime and the fraud crime distinguishes the viewpoint,namely first sees the behavior person's way of making money,which is to steal or cheat;Secondly,to see whether the victim(possession)has disciplinary action,that is,if the victim(the possessor)did not dispose of the property of the behavior and punishment meaning.The case of the perpetrator cannot be identified as the crime of fraud.In the fourth part,the author applies the distinguishing method to the two cases of "twodimensional code case" and "phishing case" to demonstrate the rationality and operability of this thesis.