The Qualitative Analysis Of Property Fraudulent Behaviors By Means Of Suspected Agency By Estoppel

Legal relations in real life are not linear,but interwoven with each other.The legal relations overlap between different legal parts,while the competition and cooperation of legal relations will exist between the same legal departments.This paper starts with a real and complicated case in the judicial practice,and comprehensively applies the methods of case study,literature research,and comparative analysis.For the purpose of clarifying the boundary between crime and non-crime,and the boundary between embezzlement,fraud and contract fraud,this article analyzes the civil and criminal legal relations existed in the case and applies the relevant theories with regard to the property crime in the criminal law and the system of agency by estoppel in the civil law,in order to provide the theoretical support and the feasible solution to handle such cases in the judicial practice.In addition to the introduction,the article is about 24,000 words totally.The body part is divided into four parts.Part one: the basic information of the case.It consists of four parts: cause of action,case introduction,different opinions,and dispute focus.This part focuses on introducing the different opinions on the qualitative nature of Xie's behavior suspected of the fraud case,and extracts the dispute focus of the case from the different opinions.Part two: the relevant analysis of jurisprudence.The relevant jurisprudential analysis is carried out around the dispute focus,based on the analysis of the reasons hiding behind the different opinions.1.Whether the fraudulent behavior of the actor belongs to the use of the position convenience.As regards the use of position convenience of job occupation crime,from the three aspects of the legal interests protected by the job occupation crime,the means of job occupation and the essence of the use of the position convenience,the essence of taking advantage of the position convenience is concluded that the actor takes advantage of the certain authority in his work,and then appropriates the property of the unit for the purpose of illegal possession,with the position of controlling and dominating the property of the unit.2.Whether the loss caused by the deceived person's property disposal to a third party can be evaluated as fraud.This type of fraud is apparently different from the ordinary fraud and the traditional type of tripartite fraud.The key to correctly identify the new type of tripartite fraud lies in the understanding of victim's identification,disposition act and disposition jurisdiction.3.The qualitative analysis of fraudulent behaviors by means of agency by estoppel from theperspective of intersecting civil and criminal law.The establishment of agency by estoppel will prevent the affirmation of the crime of contract fraud.The contract in the crime of contract fraud should be limited to the contract which can reflect the market transaction order.The civil and criminal lability can be parallel.And the establishment of agency by estoppel will not impede from establishing the crime of fraud.Part three: the analysis and conclusion of the case.Based on above jurisprudential analysis,Xie's behavior of obtaining property doesn't conform to the means of job occupation.From the perspective of civil law,his behavior can be identified as agency by estoppel,therefore it cannot constitute the crime of contract fraud.However,from the perspective of criminal law,his behavior accords with the new type of tripartite fraud,and should be regarded as fraud.Part four: the research implication of the case.The purpose of criminal law aims to protect the interests of the law,so the interpretation of the constitutive elements of crime should be guided by interests.In the face of difficult and complicated cases,the normal evaluation of behaviors can be conducted comprehensively and objectively through the method of "onion peeling" to think about problems and analyze cases progressively.Meanwhile,although the establishment of agency by estoppel can impede from establishing the crime of contract fraud,it doesn't hinder the determination of the crime of fraud.The lability can be parallel under the intersection of civil and criminal law.The research conducts a comprehensive and objective evaluation of the case,and incorporates the behavior into the evaluation system of law,in order to realize the normative role of law on behaviors and the ultimate goal of a society ruled by law.