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Study on the Act of Defrauding People of Money by Posing as a State Personnel

Author: TanTianYao
Tutor: ZhangYongHong
School: Xiangtan University
Course: Legal
Keywords: Pretends to be the State Personnels Crime of Fraud Crime of Swindling and Bluffing Competes Gathers Overlapping
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 24
Quote: 0
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Abstract


"The behavior pretends to be the state personnels to swindle other people the belongings", is refers to does not have some kind of official rank, the title person, pretends and acts as in a big way has some kind of official rank, the title state personnels swindle other people (to hold), the amount, not to belong to the contraband goods belongings behavior. "pretends to be" does not have some kind of official rank, the title person to have some kind of official rank, title state personnels’ imitation. "the belongings" must be other people (hold), the amount are big, and does not belong to the contraband goods.About "the behavior pretends to be the state personnels to swindle other people the belongings" qualitative, theoretically has the difference. The imagination competed gathers the commit saying that the law competed gathers the commit saying that the law competed gathers violates the denial to say as well as implicates the commit to say coexisting. Holds the different viewpoint to discuss, in right "the behavior pretends to be the state personnels to swindle other people the belongings" on qualitative also holds the different opinions.In fact, "the behavior pretends to be the state personnels to swindle other people the belongings" to belong to the crime of fraud and the mooching crime competes alternately gathers, the pawnshop manner "the behavior pretends to be the state personnels to swindle other people the belongings" the amount is big, should the mooching crime determine guilt the punishment; The pawnshop manner "the behavior pretends to be the state personnels to swindle other people the belongings" the amount huge or the amount is specially huge, should by the crime of fraud determine guilt the punishment.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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