|
In this article, through a case, the interaction of practice fraud, robbery, theft, crime analysis, from the crime of approximate representation under the nature of the accurate analysis of the behavior. By fraud, robbery crime, theft, combined with the traditional ideas and the new development trend, discuss the judicial practice of three charges of basic recognition method and the difference between each other. Fraud conviction points exist error recognition, error delivery, transfer of related process; Robbery crime in "take people unprepared," openly "win" and "violence" on things elements have different meaning for conviction; Theft of traditional theory for the definition of the "secret theft" has experienced from the "absolute secret" to the development of "secret", is developed from "secret" to the theory of "peace". To modify traditional concept and perfect, make the cognizance of larceny and crime of fraud, robbery crime is more accurate, avoid the vacuum of law, and to distinguish the three crimes strictly, and conform to the crime of fraud, crime, theft cognizance theory and practice of the future development direction.
|