Study On The Identification Of Car Rental Fraud Acts

With the continuous development of market economy,driving cars has gradually become the first choice for people to travel.At the same time,as a populous country,China has more qualified drivers than cars.This provides space for the development of the car rental industry.But as a result of car rental still belongs to the emerging industry,relative laws and regulations lag,industry internal problems such as lack of effective self-regulation,Having made person with criminal tendency use the characteristic of hiring a car will give you the car to carry out fraud this illegal criminal behavior,We call this "car rental fraud",which is characterized by the first actor to the car rental companies or individuals to get the rental car,and then by means of mortgage loans or ways of selling the cars seal to get cash.This kind of "getting something from nothing" behavior appears in the judicial practice the probability presents the rising trend.However,through the retrieval analysis on the case retrieval website,it is found that in judicial practice,the courts at the same level,the courts at the higher and lower levels and even the three parties of the prosecution,the defense and the trial all have great disputes on the qualitative and relationship of the two acts,which directly leads to the different trial results and affects the judicial justice.In 2020,which is a milestone in building a moderately prosperous society in all respects,the socialist market will become freer,more open and more vigorous.With the development of new energy,the car rental industry will usher in the spring.Car rental fraud not only violates the victim’s property rights,but also has a negative impact on the stable development of the car rental industry,and the judicial justice and authority will be seriously damaged.This article is divided into four parts altogether,the first part by collecting data and the data analysis and judicial,introduces four cases,the case analysis,combing out the car rental "scam" three basic controversy: the first is the qualitative problem caused by rental behavior and getting cash behavior of the people.The second problem is the relationship between rental behavior and getting cash behavior.The third problem is the accurate determination of the amount of crime.The second part,through The boundary points of the contract fraud,crime of fraud and civil fraud,as well as from explaining the theory of expected possibility not punish afterwards behavior,car rental fraud can be divided into two modes,the first is to get car then sold the car as contract fraud crime(or fraud crime)+non-criminal after-act model,the second is to get the car then getting cash by ways of mortgage loans as as contract fraud crime(or fraud crime)+fraud crime model.In the third part,on the basis of the two models,through the demonstration of the theory of implicated crime,continuous crime and combined punishment of several crimes,it is determined that in the first model,the crime number of car rental fraud cases is one crime,and in the second model,the behavior before and after car rental fraud cases are both crimes,which are combined punishment of heterogeneous or the same prime crime.The fourth part,on the basis of model classification,determines the amount of crime,and makes clear that the cost of crime such as deposit and rent should not be deducted from the amount of crime.The fifth part,enlightenment.Finally,the conclusion part summarizes the full text,Hope through the full text of the discussion,Provide reference for clearing up all kinds of disputes in car rental fraud crime.