The Judicial Determination Of Car Rental Fraud

In modern society,automobiles have become a popular and convenient means of transportation,and the car rental industry has become increasingly popular.The subsequent increase in the number of car rental fraud cases has brought hidden dangers to the development of the industry.Although the basic methods of car rental fraud cases are the same,their manifestations are diverse,and most of these cases have cross-criminal and civil cases,and are not even simple criminal cases.The entire process includes the civil legal relationship between lease and pledge loan.Therefore,judicial In practice,there are completely different understandings on how to characterize the behavior of defrauding rental vehicle pledge loans,who the victim is,and how to calculate the amount of fraud.The author searched for the criminal judgments from 2017 to June 2020,and after combing and summarizing,the author found that the judgments of the courts in different regions are very different.Most courts believe that the previous car rental behavior constitutes the crime of contract fraud,and the post-pledge behavior is not guilty;some courts believe that the previous behavior constitutes the crime of fraud is not guilty for the later behavior;there are also courts that both the previous and subsequent behaviors constitute fraudulent crimes,and there is an implicated relationship between the means and the purpose between the two behaviors,and should be punished as a felony;there are also courts that the previous car rental behavior does not constitute a crime,and the subsequent pledge behavior it constitutes a fraud crime.After consulting the relevant journals,the author found that there were also cases where the court believed that the two acts constituted a crime of fraud and were punished for consecutive crimes or for multiple crimes.It can be seen that there are significant differences in the handling of car rental fraud cases by judicial organs in various regions.Because of contract fraud and fraud,the criminal amount of the crime is different,and the statutory penalty for different crime amounts is also different.In addition,There is also a large price difference between the actual value of the vehicle and the amount of money the actor finally obtains through pledge and sale of the vehicle.Therefore,the differences in the determination of the crime,the nature of the behavior,and the relationship between the pre-and post-behavior of the courts in various regions will result in the treatment of similar cases in different courts,which will affect the credibility of the justice and the basic rights of the perpetrator and the victim protection.This thesis is divided into four parts to discuss the above issues,hoping to provide reference for the handling of similar cases.The first part is to sort out the status quo of judicial handling of car rental fraud cases,analyze the current status and existing problems of judicial determination in car rental fraud cases in China,and clarify the focus of judicial disputes.The second part analyzes the subjective purpose of car rental fraud cases,especially the connotation and extension of "illegal possession purpose" in fraud cases,and discusses whether there is intentional intention afterwards in car rental fraud cases.The third part is problem-oriented,distinguishing and analyzing the charges of car rental fraud.The author believes that the car rental behavior in the car rental fraud case constitutes the crime of contract fraud,and the pledge is an unpunishable behavior afterwards.The victim in this case is the rental company.The amount of crime is calculated based on the value of the vehicle.The rent and deposit paid in the crime should not be deducted from the final crime amount.