Research On Judicatory Practice Of Acts Involving Theft And Fraud In The Context Of The Network

The popularization of network technology promotes the development of social economy,the new pattern of network leads to the new characteristics of property crime.Judicatory practice of property crime appears a chaotic situation.Other crimes involving cyber-related factors have also somewhat interfered with the distinction between the two crimes.Therefore,we need to make a basic division between larceny and fraud first.And then make a determination of the specific objective aspects of the behavior.Ultimately,there is a need to identify the issues relating to the amount of the crime accomplished and the crime committedThe article is divided into three partsThe first chapter discusses the basic distinction between new types of fraud and larceny.First of all,the characteristics of the new type of property crime are summarized.On this basis,the basic division between larceny and fraud is discussed,Including theoretical differentiation and legal interests.The criminal law of our country adopts the simple narration way to the crime of theft and fraud.Literally,basic rules on the two crimes are similar in our country.It's just that property interests are otherwise defined as the object of theft.Obviously,there is no specific distinction between theft and fraud in terms of legal provisions in our country.Therefore,this paper tries to evaluate the traditional theory and adopts the reasonable and effective theory to distinguish the two crimes.Some cases involving deception and theft are outside the scope of this article.Legal interests of them are not property rights.At this time we need to discuss the legal benefits of larceny and fraud.They can provide guidance on the characterization of criminality.The boundary of theft and fraud mainly decided by its legal interests and external characteristicsThe second chapter is to discuss the judgment method concretely,carries on the corresponding confirmation to the disposition behavior and the property.This behavior first requires the perpetrator to have the status of dealing subject.The relative person's scope may refer to the subject with the capacity of meaning in the civil legal norm:First,the person with full capacity for civil conduct should be included;secondly,the person with the corresponding capacity who has limited capacity for civil conduct can also be dealt with;Finally,the machine is not necessarily out of this range,mainly depending on whether it can be handled like a person.The relative person produces the wrong understanding and the disposition behavior after the perpetrator has made the deceptive behavior.To produce this kind of cognition should be based on the general concept of society,but not to exclude the special of some subjects.The relative person's treatment is objective,shows the wrong understanding content,also is the property loss reason.Specific processing consciousness is not a necessary element,as long as the handler has the knowledge of transferring property The structure of the crime of fraud is:fraud-error-handling-property loss,causality should exist,otherwise it may not be a crime or attemptThe third chapter is the identification of the object of property crime,in order to solve the problem of the amount of crime accomplished and crime accomplished involving the crime of theft and fraud.First of all,discuss the concept and relationship of property,property and property interests.Secondly,discuss the nature of virtual property.It is recommended that virtual property be incorporated into law to make it clearer.Thirdly,classify the virtual property and explain the virtual currency.Finally,renew the accomplishment and amount of the offence on the basis of the concept and classification of property.the author puts forward that the traditional and new acts of invasion of property are not influenced by the concept of property,but should be more detailed in the determination.However,because of the different social harm,the new case should adopt a special method for the determination of the amount:if the perpetrator has not completely controlled the property,the victim can still recover,it should be based on the control of the property to determine whether the perpetrator or not,or the amount of the crime should be converted.