Accomplished Crime Of Fraudulent Property Interest

With the emergence of the concept of property interests,a large number of illegal and criminal acts that infringe on property interests have also continued to occur,such as the behavior of obtaining IOUs by fraud to avoid debts.There are many different theoretical viewpoints in the academic field about the standard of the crime of defrauding property interests.However,the determination of the standard of the defrauding of property interests in fraud is related to the boundary between crime and non-crime,and whether it can be regulated by criminal law.To effectively protect people 's property.In addition,the author will analyze what is the property interest,and through comparison with the extraterritorial law,I will make recommendations on the provisions of the criminal law of China on the accomplished standard of fraudulent property interests.Therefore,the author hopes that by studying this topic,I can find a more reasonable standard for determining fraudulent property interests,and then make it have certain theoretical and practical significance.The full text is divided into four chapters.The first chapter first introduces the property interests' notion,juxtaposing property interests with property,and belongs to the subordinate concept of property or broad property.The scope of punishment for fraud should include property interests.At the same time,in order for the property interest to become the object of the crime of fraud,it should have three characteristics,that is,the possibility of management and transfer,the economic value,and the loss of property to the victim.Then make a distinction to the interest in property and other fraud criminal goals,especially the distinguish with the intangibles,intangible property,and property.Finally,by analyzing the current status of criminal legislation on property interests in China and the protection of national property in China's Criminal Law,the need for property interests to become the subject of fraud is further elaborated.The second chapter starts from the manifestation of fraudulent property interests,and uses the form of typical cases to elicit the main existence forms of crimes of fraudulent property interests in daily life.It also deals with the types of these cases and related explanations.Specifically classified into fraud right certificate type,fraud virtual property type,these cases will be further analyzed and explained in the second chapter and later chapters.The third chapter introduces the different theories of conclusive recognition of fraudulent property interests at home and abroad.In foreign legislation,Germany directly stipulates in the law that causing property damage to victims is a necessary component of the fraudulent crime.Without property loss,it cannot be regarded as a fraudulent crime.Although Japan did not directly stipulate in the law that its fraud crime “two crimes” must result in the loss of property,the jurisprudence and the notion presuppose that the premise of the existence of property loss is the prerequisite for fraud.Domestically,there are still different theoretical viewpoints in China's criminal law theory,which are mainly the following four: possession theory,out-of-control theory,out-of-control plus control theory and loss theory.The specific content will be analyzed in this chapter.The fourth chapter is the thinking triggered by the standard of fraudulent property interests.The first is to clarify the author's views on the standard for determining the property interests of fraud.In the above four theories,the writer supports the viewpoint of loss theory and believes that the determination of thefraudulent property interest should be based on the victim's loss of property as the standard,and the rationality of the standard is explained through theoretical analysis and judicial investigation.Then from the perspective of different theoretical doctrines of property loss,the property loss referred to in the loss theory is further defined,and the property loss in the individual should be judged as the standard.That is,it is necessary to comprehensively determine the value of the property before and after the victim's disposition,and judge whether the property after the victim's disposition has suffered losses at this time.