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On The Judicial Characterization Of "theft And Fraud" Behavior

Posted on:2018-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y J MaoFull Text:PDF
GTID:2436330548496768Subject:Law
Abstract/Summary:PDF Full Text Request
Theft and fraud are the two most common crimes against property.In the juridical practice,there is no controversy over the cognizance of typical crime of theft and fraud.But if the actor use both theft and fraud in the process of commission of one crime,that will be the act of "staggered steal and cheat ",which is easier to have controversy over the judicial characterization,even leading to the different characterization on the same factual behavior in the juridical practice.Based on the difficulties of the judicial characterization of "staggered steal and cheat ",and in combination with the existing criminal law theory on the features of"staggered steal and cheat”,this paper intends to use four typical cases of"staggered steal and cheat " to compare the different views at home and abroad on the judicial characterization of "staggered steal and cheat ".To make a qualitative analysis of "staggered steal and cheat",we must first base ourselves on whether the case analysis victims have error cognition because of the means of fraud by actors,and make an act of disposition which is considered as a key factor of judicial characterization based on incorrect understanding.This article has been analyzed in detail on whether the victim make an act of disposition with disposition consciousness,and whether this act of disposition lead to the damage to the property of the victim and the illegal profits of the actor.And make the judicial characterization of the actor's crime based on the comprehensive analysis.At last,this paper analyzed some typical cases in juridical practice using this method of judicial characterization,so as to give some benefit to the judicial practice.
Keywords/Search Tags:theft, fraud, act of disposition, staggered steal and cheat
PDF Full Text Request
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