Qualitative Research On The Behavior Of Defrauding Property By Appearance And Agency

The cases of defrauding others’ property by means of an apparent agenct show a continuous high trend.In such cases,the apparent agency often interweave with the illegal acts of forging seals,altering the power of attorney of the legal person or using blank contract to obtain property from others.Due to the current theory and practice of the parties have different views on the establishment or not of apparent agency,the relationship between apparent agency and criminal crime,the actual determination of the victim and the handling of such crimina-civil cross cases,the cases by means of apparent agent to defraud others property also led to confusing situations such as inconsistent charges and confusing sentences,which is obviously not conducive to the unified law application and maintain judicial authority.This paper innovatively uses the combination of data analysis and empirical analysis to present the qualitative differences of such cases in the current judicial practice,and then analyses the legal relationship involved in such cases with the guidance of theory about apparent agency,duty occupation crime and fraud crime.The possibility of the coexistence of apparent agency and fraud is confirmed by the guiding principle of "criminal-civil interaction".On this basis,if the agency is established,the illegal behavior of the actor belongs to the new triangle fraud mode of fraud crimes,in which the bona fide counterpart is the deceived person and the actual victim is the agent.The main section contains four parts except for the introduction:The first part: the apparent agent-type cases and their conviction ideas.Through the introduction of two case processing data charts and four typical cases in the case sample,it shows a lot of qualitative differences of such cases in the current judicial practice,and on the basis to judge the conviction ideas of such cases,thus leading to the series of issues discussed in this paper.The second part:the clarification of the legal relationship between civil and criminal law.According to analyzing the relationship between civil behavior and criminal crime,it is pointed out that acts with civil legal effect can also constitute a criminal crime.On the basis of the existing criminal illegality judgment theory,the rationality of the integration of the legal relationship between civil punishment is put forward.The third part:the analysis of the relationship between agency and criminal offenses.By analyzing whether the apparent agent can coexist with the criminal crime,and discussing whether the apparent agency has an impact on the criminal offence,the issues involved in such cases will be further understood.The fourth part:analyze whether the illegal behavior constitutes a fraud crime.This part is on the basis of the apparent agent can coexist with fraud crimer to analyze the relevant elements of fraud crime,and then clarify the specific fraudulent methods of the perpetrator and the victim of the case,and it is argued that such illegal behavior conform to the new triangular fraud pattern of behaviour and should be considered as fraudulent crimes.