The Number Of Crimes In Chain Fraud

Serial crime is different from general property crimes .Its feature is that the actions of actors are Interlocking and they consolidate at every step .They entice the victims into the trap by a series of actions and realize their criminal purposes of actions. Serial crime touches several acts several charges .Actions and charges cross each other and tolerate each other .making the fraud crime number become a difficult issue .In the judicial practice, whether the constitution of a crime is considered as the standard or the criminal purpose is the basis is very important .It is directly related with whether the actors constitute a crime or several crimes. Further, it impacts the measurement of penalty .Since the traditional crime number theory is complicated and controversial. The quantity of crime in the case is more complicated and confusing.In the process of conclusion deduction of the writer, he follows the order of actions -- the essence of crime number--Convicting crime number. That is to say, at first he judges the actions are singular or plural, then he judges the essence of crime number and at last he judges the convicting crime number. Combing the theory of criminal law and analyzing, the writer thinks that the six actions of Huang in the case constitute three sins among which the implicated relation lies in. At last, the result should be that two sins constitute the same .kinds of plural crimes. However, because of repeat evaluation, the principle of a combined punishment for several crimes should be taken.The writer thinks the theories that part of a crime implicated offender, absorbable offense, continuous crime in part of a crime have the same foundations .That is the principle of the crime punishment adapts and the principle of prohibiting repeatable evaluation. The application process of the two theories are actually the value balance process of the above–mentioned two principles and the principle of legally prescribed punishment for a specified crime. That is to say, it realizes through the crime impairment, charging several crimes as a crime .The writer holds that the mindset of actions ----essence crimes number ----repeat ion evaluation factors judgment ---- convicting crime number and convicting principle can be taken so that the conclusion will be more accurate when analyzing the crime number and punishment principles.The body of the text has 5parts: The first part is the case introduction and case controversy focus. He induces the controversy focus towards the car rental serial fraud case of Huang, gets controversies of 4 aspects and puts forward 10 kinds of different opinions.The second part is to judge whether the Huang actions are singular and plural. Through the comment on the 4 different judgment standards ,the writer thinks it is more .appropriate to take both social behavior theory and the constitution factors as the judgment standard of the behaviors singular and plural forms .According to the above standard, we analyze the action of Huang in the case and make sure that Huang has 6 actions .The 3rd part talks about the essence crime number issue in the case .The write at first induces and comments the crime number judgment theory .He thinks that the advantages of the other theories conform to our justice fact and habit .On the basis of ensuring the crime number judgment standard ,the writer judge the constitutive requirements of the 6actions of Huang in the case ,making sure that: the action of entrusting others to forged identity card does not constitute crime :the action of Huang asks Jia to forge official documents twice constitutes the one crime of trading of certificates of state organs: the action of car rental with false documents constitutes fraud crime and Huang constitutes the fraud vehicle accomplished offense; The action of forging a certificate to mortgage loan constitutes the fraud crime. As a result, the six actions of Huang constitute respectively fraud crime (car rental ), trading of certificates of state organs crime and fraud crime (mortgage loan crime ) these three crimes. The 4th part is the core of the case,which talks about the crime number .The writer at first judges whether the six actions in the case have the implicated relation. Through analyzing the implicated offender theory, he thinks the eclecticism is proper .when judging the implicated offender. In the objective standard of the implicated relation ,on the basis of the constitution factors theory ,he absorb the direct relation theory and the common nature theory as the further restriction conditions to prevent the implicated offenders from expanding at random. Judging from the six actions in the case, he thinks that the actions of trading of certificates of state organs twice have implicated relation with two times fraud crime .It should be judged as the felony with the fraud crime. Then the writer judges whether the two times fraud crime has absorption relations, whether they belong to the actions that can not be punished after the events and whether they constitute the continuous offenders. The writer thinks that the actions that can not be punished belong to one situation of the absorption relation. The action should be defined as the actions without the legitimate act expected possibility of the state offender. Expected possibility can be supposed through combination of the average people standard and the type people standard .The seconds fraud of Huang does not belong to the action that can not be punished after the event .Then the writer analyses the case with, continuous crime theory and he thinks that the two times fraud does not constitute the continuous crime, but the same kinds of plural crimes. It should combine punishment for several offenses.The 5th part is to comb out and sublime the crime theory .The writer thinks that the theories that part of a crime implicated offender, absorbable offense, and continuous crime in part of a crime have the same foundations. The application process of the two theories are actually the value balance process of the above–mentioned two principles and the principle of legally prescribed punishment for a specified crime. In the case .the two time fraud crime of Huang have the part of repeat ion judgment, but it does not constitute the continuous crime. It should be considered as the same kinds of plural crimes. The punishment principle is to lighter a combined punishment for several crimes .That belongs to the impairment of the punishment not that of the sin.