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On the disposition of property from theft and fraud Discrimination boundaries

Author: MaYing
Tutor: PanQin
School: China University of Political Science
Course: Legal
Keywords: Fraud Larceny Disposition Cognitive ability Sanctions mean
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 312
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Abstract

Rapid economic development in today's world of social , economic, social , cultural globalization trend is more and more significant. At the same time , the old type of crime also followed the development of technology generates profound changes in people 's minds before , theft and fraud which was originally two entirely different offenses , is now increasingly intertwined, to our conviction and sentencing on the judiciary in trouble. Theft and fraud are all kind of usurpation crime , along with economic development between the two is gradually interwoven , in today's society there are more and more doped with deception and theft of means of complex categories of cases against property , making two the boundaries between crime has become more complicated and confusing , this gives us the conviction and sentencing of the judiciary has brought a lot of trouble. For the distinction between theft and fraud , I believe that the most fundamental distinction is that for property disposition . Thus , the author in this article will explore the criminal law on property disposition understanding . First , a clear two sin to steal property belonging to property crime and fraud offenses , and not by the implementation of the unity of existence of competing behavioral phenomena . Then , put on judicial practice for two sins judged on the number of errors , for example, will act as the distinction between the openness of standards, or according to the amount of property from a felony judgment . Then there are legislative cases from abroad , mainly discusses the absorption or implicated , the principal means of speaking and disposition to say these three doctrines . As a key part of this article - disposition connotation, I will break it down into five specific aspects of the elements: First, the implementation of the main disposition , requiring the subject must have the appropriate skills and dispose of property disposition authority ; Second disposition whether the person has a mean disposition that is the meaning of that disposition of the core concepts , this part will be combined with the civil law on the meaning of that theory to elaborate ; Third sanction people for the \be divided into two levels , for the limited understanding of morphological appearance as the first level , it is often classified into the category of fraud , while the second level is the property for an objective understanding of the type and value , it is often associated with fraud connected . In addition , recognizing also distinguish carriers and entities ; fourth is the reason and object disposition , disposition made ??to ensure punishment of people fall into wrong understanding behavior is caused due to ensure the consistency of the causal chain . Meanwhile behavior should also be the object of value from property rights have ; Fifth disposition of the specific manifestations. Finally, enumeration and disposition closely related factors: contrary to the will of the victim and the victim 's subjective fault . After the conclusion of the argument : punishment behavior is accurately distinguish theft and fraud core elements . This conclusion will not only help us to better study finds criminal disposition of property within the field , so as to clarify the boundaries of theft and fraud , to better guide the specific activities of the judicial practice , but also enhance the scientific nature of judicial activities , consistency and authority.

On the disposition of property from theft and fraud Discrimination boundaries

Abstract

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