The Research Of Differentiating The Accomplished Offense From The Criminal Attempt In A Fraud Litigation

The Master Degree Dissertation analyzes a real case,and tries to make a standard of differentiating the accomplished offense from the criminal attempt in a fraud litigation.There are four parts in the dissertation.Firstly,the basic information of the case includes the cause of action,the summary of the fact,the main disputes of the case,the focus of controversy in this case.There are two ideas of the case.Some people believe that the situation of the case is the attempt of crime.But the others argue that it is the accomplished offense.Therefore,the focus of the dispute in such case is that whether the defendant has made a completed offense of a fraud litigation,when the case has a decision in the first instance proceeding and is made a appeal.If he has completed the offense,when is the real time of completion? The first instance proceeding or the appeal one.Secondly,the essay would analyze the legal reasoning of the case.The first question is how to identify the theoretical standard of the accomplished offense and the criminal attempt.In the criminal theory,there are five ideas,and the author tries to analyze these ideas,and believes that the theory of the “complete composition elements” should be the basic of distinguishing the situation of a fraud litigation,and it can combine with other theories to handle some special cases.In addition,the subject of a fraud litigation aims to prevent the judicial disorder and the infringement of rights.Further,the understanding of “making up a story” should depend on the behavior of the defendant.Then,we can know that there is no criminal attempt in a fraud litigation,because the judicial practice does not punish attempt of crime in any fraud litigation.The author believes that the crime of a fraud litigation should be a mode of both behavior and outcome offense,and identifies the standard of the crime by combining theories with practice.The author also concludes that the crime will be accomplished,when the case comes to trial,or at least the court has adopted behavior or property preservation measures.Thirdly,the conclusion of the case bases on the theory of constitution of crimes.Zhang committed the crime of a fraud litigation,because he made a civil lawsuit by making up a story,and the court had trial the case and made a decision.The author raised an idea that there is no criminal attempt of a fraud litigation.This is also the innovative view of the essay.Lastly,the case indicates that the boundary of the crime of a fraud litigation is obscure,especially the question about the situation of crime,Whether it is accomplished or just the attempt of crime.The author advises that we should improve the legislation and make more judicial interpretations to help judges handle these cases.In addition,the supreme court should publish more typical cases to help lower courts follow.