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On The Distinction Between The Crime Of Theft And The Crime Of Fraud

Posted on:2019-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
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In the traditional sense of larceny and crime of fraud,two crimes have their own significant characteristics of subjective and objective aspects,which are not difficult to distinguish in a single criminal case,but after the emergence of a new mode of payment,a new type of property infringement case involving the integration of fraud and theft is created,which makes the distinction standard between the two crimes changed.It has to be blurred.At present,there is no fine distinction between the crime of theft and the crime of fraud in the legislative level of our country.The distinction between the two crimes is briefly discussed in concept.The distinction between the two crimes is only defined from the main behavior mode of the perpetrator,and the distinction between the crime of theft and the crime of fraud is clearly defined under the new crime.In judicial practice,conviction,sentencing,crime fighting and the protection of victims' legitimate rights and interests are of great practical significance.The emergence of the new means of crime has brought many difficult problems to the specific practice of judicial practice.To solve these problems,we need to deepen the research of the theory and provide practical solutions for the practice of judicial practice.This article is divided into three parts:The first part: the problem of determining the subject of possession.There is a prepositional problem before the qualitative analysis of the crime of infringing property crime,that is,the problem of victim identification.This part takes the two-dimensional code case as the research material,and sums up the different academic opinions and controversial points caused by the two-dimensional code case.On this basis,combined with the analysis of the factual and normative theory of The second part: Related Legal Analysis of the distinction between theft and fraud.The study of the distinction between the crime of theft and the crime of fraud requires a comparative analysis of the different elements of the two crimes.In this part,a more detailed analysis of the disposition and the consciousness of disposition is made with the combination of two dimensional code cases,and the interpretation of the conceptand specific content of the disposition and the comparison of the subjective and objective aspects of the disposition behavior.To deepen the understanding of the distinction between theft and fraud,in order to clarify the boundary of the two crimes.The third part: the distinction between larceny and fraud.Through the comparison and analysis of the concept and objective characteristics of the indirect principal offender of triangle fraud and larceny,and the related disputes between the theft of two dimensional code cases and the triangle fraud,the special case is clarified from the third party's disposition ability and the punishment authority to clarify the special case between the triangle fraud and the theft.
Keywords/Search Tags:crimeof theft, crime of fraud, Disposition, Disposition consciousness
PDF Full Text Request
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