A Study On The Difference Between Larceny And Fraud

Fraud and theft are two typical and fundamental types of property crimes in our Criminal Law which have high crime rate in practice.Though there are some similarities on the crime constitutions of fraud and theft,they have respective distinct characteristics,especially on the objective behaviors.They belong to the different illegal types.In the past,these two types of crimes can be distinguished easily.With the development of the science and technology,trading means have become more and more complicated,so the activities of theft and fraud are interwoven accordingly.As the result,it is much difficult for us to determine the nature of the behaviors just on the basis of applying traditional theories.The constitutional standards of triangle fraud crime exist obvious differences,which results in the difficulty in determining the nature of the behaviors.Controversies exist not only in the theoretical cycle,but also in the judicial practice.Sometimes,there are different judgments even to the similar cases.The reason for appearing the different judgments is not because the details of the cases are complicated,but because the boundaries between theft and fraud are not very clear as well as the key standards to distinct the two crimes are various.At present,not only the opinions on the relationship between fraud and theft are not totally unified,there are obvious disputes and differences about the constitutions of crime,especially about the disposition behavior,disposition intention,disposition authority and status.Reasonable sentencing depends on the correct determination of the crime nature.At the same time,the determination of the crime nature is the base to achieve the purpose of the criminal punishment.Thus the study on clarifying the boundaries and distinction standards between fraud and theft has the important function to both the theory and the judicial practice.Reasonable sentencing depends on the correct determination of the crime nature.At the same time,the determination of the crime nature is the base to achieve the purpose of the criminal punishment.Thus the study on clarifying the boundaries and distinction standards between fraud and theft has the important function to both the theory and the judicial practice.Using the methods of comparative analysis and case study,the article makes a further study on the distinguishing fraud and theft crimes.Starting from the determination of fraud and theft,on basis of that fraud and theft are two different crimes,this article explains the necessity of separating fraud from theft,and analyzes the crime constitutions of the two crimes,further explore several popular theories and make comments on them,finally points out rationality and feasibility of making the theory of disposition behavior as the distinction standard.This article mainly discusses the disposition act as the key factor to differentiate fraud and theft.The theory of disposition act plays an important role among theories of distinction of fraud and theft,but in respect of the specific contents of the disposition behavior,there still remain several disputes in theoretical field.Disposition act in criminal law is different from that in civil law.In criminal law,it is unnecessary to transfer the ownership for disposition act,provided that the real transfer of possession exists.Delay in possession doesn't constitute disposition act.The elements of disposition act include disposition ability and disposition authority.It is controversial about whether the disposition intention is necessary or not.Reviewing different theories,the one which thinks the disposition intention is necessary now is much reasonable.In recognizing fraud crime,misknowledge and disposition act should have casual relationship,and the misknowledge must be the direct reason for disposition act.Both triangle fraud and indirect perpetrator of theft involve the third party except the victim and actor,and they are both the special patterns for fraud and theft crimes.They have very similar constitutions.The distinction of triangle fraud and indirect perpetrator of theft is one of the most important contents for distinguishing fraud and theft crimes.The most important factor to distinguish the above crimes is to investigate the disposition ability,disposition authority and status.Through analyzing the authority theory,subjectivity theory and camp said,the author considers that applying the comprehensive said of the Professor Zhang Mingkai is more reasonable when distinct the triangle fraud and indirect perpetrator of theft.Finally,based on the foresaid legal analysis and determination and evaluation to the disputed cases,draw a conclusion to the disputed cases.According to the article,the basic logical analysis process is the effective way to deal with the crimes involved fraud and theft,triangle fraud and indirect principal of theft.