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The Distinction Between The Crime Of Theft And The Crime Of Fraud Under The Protection Of Property Disposal

Posted on:2022-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiFull Text:PDF
GTID:2506306317997999Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of theft and the crime of fraud are the most common crimes of property infringement in social life,but the increasingly diversified criminal techniques and manifestations of the two crimes make it difficult to determine the nature of the cases,with the development of social life and network technology,more and more cases of theft and deception have emerged,which makes the distinction between the two crimes discussed constantly.After an in-depth search and collation,the author finds that there are a lot of studies on the distinction between the two crimes in theory and practice,although the existing studies do provide a rich perspective for the study of the distinction between larceny and fraud,however,most of these studies are carried out from a specific case,or from some aspects such as disciplinary action,disciplinary consciousness to be discussed,some scattered,messy.Therefore,the author tries to make clear the difference between the crime of theft and the crime of fraud through the systematic analysis of the two crimes.Through a thorough study of the legal interest content and constitutive requirements of the crime of theft and fraud,the author believes that the crime of theft and the crime of fraud are fundamentally different illegal types,the dividing standard of the two crimes should focus on the type of the criminal law enforcement under the specific legal interests,and the victim's punishment only provides evidence for the determination of the perpetrator's enforcement from another angle,as the accomplished condition of the crime of fraud,it is the accurate position in the crime of fraud.The establishment of this standard is based on the previous research,further on the theft and fraud to protect the legal interests of the content and constituent elements of a detailed and in-depth discussion.At the same time,the author selects some difficult cases which have caused discussion in judicial practice as research materials,in order to be helpful to judicial practice.This paper will start from the theory of specific cases,starting from the legal interests of larceny and fraud,deeply explore the differentiation path of larceny and fraud,and also provide a new thinking for the nature of the crime of larceny and fraud.First of all,according to the principle of determining legal interest,the protection of legal interest of property crime should be generally interpreted as property domination,that is,through possession or property rights to achieve the use of property value and Exchange value.The theft crime and the crime of fraud are different in the specific content of protecting the control of property.The crime of theft protects the subject's factual control of property and exercises control over and control over property through possession,whether it is legal property or illegal property,possession is the basis for the subject to realize the use value and value of property,while the crime of fraud protects the subject's right domination based on agreement for certain interests or purposes in the transaction order.Secondly,it is precisely because of the specific content of protecting legal interests of the two crimes that the constitutive requirements of the two crimes also have different characteristics,the two crimes are mutually exclusive,there is no possibility of concurrence,the two crimes also have their own characteristics in the implementation of the Act.The Act of stealing is secret and contrary to the will,which is the reason why the act of stealing can infringe upon the domination of the facts of property,that the victims may voluntarily exercise their rights after rational analysis,and that the use value and value realization mechanism of the victims' property is broken because of the falsity,the possibility that the use value and value of the property can be realized by the right domination of the victim is violated,which is the reprehensible nature of the deception,even if the victim does not have the right domination after the interaction of the actor,the perpetrator will also constitute an attempted fraud.Thirdly,in the consideration of the victim's disposition,the disposition is not the essential condition of the crime of fraud but the condition of accomplishment,which is essentially the result of the wrong understanding after the information exchange between the victim and the perpetrator,it is the sign of the realization of the danger of the infringement of the legal interests of deception and the direct element of the loss of the property interests of the victims.Whether the victim's disposition behavior can prove the behavior characteristic of the actor from the side,thus provides the indirect evidence to distinguish the crime of theft and the crime of fraud.Finally,from the perspective of specific cases,whether it is a traditional case by means of reality or a new case by means of network science and technology,whether it is an ordinary case between the two or a special case of theft and deception between the three,the reason why there are so many qualitative disputes between the crime of theft and the crime of fraud is in fact that the concept of the facts of the case in the norms is not clear.The qualitative determination of the crime of theft and fraud still has to return to the judgment of the conduct of the act,the action of the victim only serves to strengthen the argument.
Keywords/Search Tags:Larceny, Fraud, Property control, Execution, The act of disposition
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