Research On The Qualitative Problem Of "Renting A Car" And "Pledging" Behavior

As an emerging industry,the car rental industry has incomplete management systems in all aspects.Some criminals conveniently use the lack of management systems in these industries to rent vehicles by deceiving to pledge loans,thereby obtaining illegal income to satisfy their own desire.As this type of case is a new type of crime,although the number of cases in the car rental field is still on the rise,there is no relevant legal requirement for such cases to make such crimes quasi-deterministic,and from the perspective of judicial practice,not only There are a large number of "different judgments in the same case" in judicial judgments,and the three parties of the Public Prosecution Law have not formed a unified opinion on the nature of such cases.Therefore,how to determine the quasi-certainty of such cases has become an issue that must be urgently resolved.This paper makes a comparative analysis of the different judgments of courts in different places in the same type of cases,such as "zhang rented a car to defraud money" case,"fu x,xu x rented a car to defraud money" case and so on.The legal analysis of car rental pledge behavior was carried out,and the cases were divided into two parts: car rental behavior and property taking behavior.The basis and rationality of the judgment were classified and discussed through multiple "different judgments of the same case".Finally,it was determined that the car rental behavior constituted the crime of contract fraud,and the pledge behavior constituted the crime of fraud,In order to clarify the judicial practice of such cases.Finally,through the analysis of the relationship between the behavior of pledge and the behavior of taking money,it is determined that the behavior before and after constitutes a crime under the premise of several crimes and punishment.