On The Determination Of The Nature Of The Act Of Impersonating The Obligee To Infringe On Property

Although the crime of theft and fraud,which belong to the traditional property crimes,are well known that people can do the correct characterization of theft or fraud in most cases out of their pure perception for the law,there is no consensus about some novel and complex cases which whether the act is theft or fraud is confusing.And when such cases might generate the application of the liability of right appearance in civil law,the case becomes more complicated.The above issues could be seen from the heated discussion about the case of QR code.In fact,the act in the case of QR code is an act of infringing the credit by impersonating the creditor.And the cases in which the actor impersonates the owner of movable or immovable property and then disposes of other people's property to a third person has the same issues.This paper calls such cases as the act of impersonating the obligee to infringe on the property and analyze the nature of such acts,hoping to properly solve the above issues.In addition to the introduction and conclusion,the paper is divided into four chapters.The first chapter first defines the concept and characteristics of the act of impersonating the obligee to infringe on the property.Basically,it means that the actor pretends to be the obligee and disposes of the obligee's property to a third person in order to obtain the equivalent property from that third person.The characteristics of such act include both objective and subjective aspects.Objectively,the actor shows the appearance that he has the right to dispose of the property.the result is that the property interests of the obliegee flows to the third person,while the property interests of the third person flows to the actor.Subjectively,the actor not only has the purpose of illegal possession of the property which obtains from the third person,but also the purpose of letting the third person illegally possesses the obligee's property.Because such acts are easy to introduce the application of the appearance of right,the application of criminal law and civil law are interwind in a case and thus brings out a series of disputes.In order to correctly solve such disputes,it is necessary to make a deep understanding of the theory and specific rules of the appearance of right in civil law,so the first chapter then discusses the connotation and purpose and specific rules of the right appearance in civil law.The second chapter analyzes the various determinations of such actions.The ownership rights and creditor's rights are different in nature,so the two kinds of property rights have different controversial focus on determinations of the action.Therefore,this chapter divides the act of impersonating the obligee to infringe on the property into the act of infringing the ownership of property and the act of infringing the creditor's rights to discuss it separately.It firstly combines with some cases to explain the connotation the act of impersonating the obligee to infringe on the ownership rights and carrry out a specific analysis of impersonating the obligee and denies the theory of real estate theft and concurrence between theft and fraud.Then it analyzes the act of infringing claims.It first defines the connotation of such action.It means that the actor pretends to be the creditor and accepts the settlement of obligation.Then it analyzes the relevant theory,and denies the theory of theft of property interests and the new triangular fraud theory.The third chapter first points out that the various determinations deal with the cases from the perspective of the civil legal relationship and the many disadvantages arising from such practice.It then argues that the act of impersonating the obligee to infringe on the property fully conforms to the constituent elements of the crime of fraud and carry out the concrete analysis of such argument.Finally,this paper points out that the distribution of loss of property in civil law should not affect the determination of fraud crime.It makes a concrete analysis of the relationship between criminal law and civil law and then points out that although there are differences in the adjustment of legal relations,purposes and evaluation methods between the two,they are actually compatible.