Research On The Application Of Criminal Law Of Real Estate Transaction Fraud

As the volume of real estate transactions continues to grow,fraud cases in the field of real estate transactions are also growing.The most common one is the transaction fraud between the parties involved in the second-hand housing transaction.In such cases,the means of crime are very diverse and involve multiple jurisdictions.It is difficult to convict and sentence.We need to carry out detailed analysis of them so as to achieve accurate conviction and sentencing.This paper analyzes the problem and hopes to help solve the problem.Apart from the introduction,the thesis is divided into three parts:The first part is an overview of the real estate transaction fraud crime.This article refers to the real estate fraud crime is occurred in the secondary housing market transactions between the parties to a contract fraud crime,mainly including "to sell others real estate","a room two sell",and "diddle others' property for sale".Compared with the general fraud crime,such cases have particularity,including the use of both the means of theft and the means of fraud,the way is to use the notary behavior,the interest relation involved is complicated.The second part is the distinction between criminal fraud and civil fraud in real estate transaction fraud.Criminal fraud and civil fraud are different in terms of concept,connotation,result and subjective intent.These differences also apply to real estate transaction fraud.Real estate transaction fraud crime has its particularity.Whenjudging the nature of such cases,we should pay attention to the identification of property loss and the identification of the victim.For the determination of property loss,the criminal law attaches great importance to the change of the actual control state of property,and the civil law focuses on the exclusion of legal rights.In the nature of real estate fraud crime judgment,we should pay attention to the purpose of illegal possession and the objective behavior,possession,according to the behavior of the specific person to judge if the case constitutes a crime,the belonging of the ownership and the loss of bear can be adjusted by civil law.The victim in a criminal case should be the victim who directly points to the crime.At the same time,we should uphold the principle of modesty,apply the criminal law accurately and prevent abuse.The third part is the distinction between the crime of theft and the crime of fraud.About the distinction between theft and fraud there are many theories,this paper adopted the disposition,said "disposition" is the key to distinguish between theft and fraud,which meet the requirements of the scientific theory and judicial practice.The disciplinary action should only refer to an objective punishment behavior,whether the punishment consciousness is possessed,and has no influence on the determination of the disposition.In the identification of the crime of theft and fraud in the real estate transaction fraud crime,it is necessary to recognize that the real estate belongs to the crime of larceny.In real estate transaction fraud,there is imagination competition of theft and fraud.To sum up,in the process of judging the nature of real estate transaction fraud,we should grasp the key of the problem and accurately convict and sentence the crime.