The Research On The Distinction Between The Crimes Of Fraud And Theft

The crimes of fraud and theft which have a long history are two typical types of thecrime against property. Our country has always attached great importance to thelegislation and research of the two types of crimes. But in the recent years due to thevarious kinds of forms and the updating gimmicks, there is a controversy in manycases about the difference between the crime of fraud and the crime of theft. Manyproblems still need to be further discussed, such as the distinction between trianglefraud and theft, the identification in the intertwined cases of fraud and theft, and soon.Except the introduction and conclusion, this paper is divided into four parts:In the first part, the difference between the crime of fraud and the crime of theft inthe legislation has been discussed. First, the legislation of our country about the twocrimes in ancient and modern times is introduced. Then this paper makes preliminaryanalysis on the changing process of the boundary between the two crimes from fusionto clear. Secondly, according to the common point of view in the academic circles andthe relevant modification in the "amendment of the criminal law (eight)", this papermakes the concepts of the two crimes clear and sorts out laws about them. Finally,from the perspectives of the continental law system and the Anglo-American lawsystem, the foreign legislation about the two crimes and their boundaries aresummarized.In the second part, the theoretical boundary between the crime of fraud and theft inour country has been discussed. First, from the perspective of constitutiverequirements, the differences between the two crimes in three aspects have beenmainly analyzed. These three aspects are about the range of the objects, the action,and the relationship between the behavior and the result. Secondly, from theperspectives of the standard of the accomplishment and the amount, two crimes weredivided from each other. Many special aspects are highlighted. Such as the standard ofaccomplishment of the new special behaviors of theft, the affection of the police’s trap,the problem of committing crime for many times, and so on.In the third part, the distinction between the triangle fraud and theft has beendiscussed. First, from the aspect of critical behavior, analysis has been made on the way to distinguish the triangle fraud with the indirect theft. The ability and rights fordisposition of the third one are discussed here. Secondly, in the financial sector, it isdiscussed whether the suspect should be punished for the triangle fraud or the theft,when he has stolen the credit card and used it.In the fourth part, the research on the cases interweaved of fraud and theft has beenmade here. First, in the cases of theft by the help of lies, the analysis anddetermination are made from the aspects of species, characteristics and behavior.Secondly, in the cases that the suspect tells lies after stealing, the research has beenclassified according to different objects. Finally, cases interweaved with stealing andcheating under the environment of internet have been analyzed. The cases of fishingon the net and stealing lotteries are highlighted.