Nature Of The Crime Yi Bin Hills Bankruptcy Triggered Analysis

Fraud and corruption are two common crimes. And there are many cases in which it is difficult to distinguish between them because in judicatory practice, both of them feature subjective illegal opposition in terms of the purpose and fabricating facts and withdrawing the truth in terms of the way of act. In law, corruption is deemed as special and fraud as general, which means that corruption requires special elements in subject of act, way of act, object of crime, etc. However, when the subjects take advantage of their duties to commit fraud, it does not necessarily constitute corruption. The judgment of the case in this paper, to some extent, supports this argument. Besides, in the case, the methods of crime also constitute crime, which is to be employed to examine and clarify judging rules concerning criminal liability and penalization of several offense.The paper consists of four parts, totaling 26 thousand words.Part one is a brief introduction to the case, including cause of action, details of the case, focus of dispute and different opinions. Based on the facts and different opinions, three focuses of dispute are proposed. First, are seized assets of Yibin Resort public property specified in Section 91.2 of criminal law? Second, Liao's and Ban's joint offense should be convicted separately or together and under what charge? Third,does Liao also commit malpractice and how to sentence his implicated crime of illegal possession and power abuse.The second part is a legal analysis of the above-mentioned problems, which is an essential part of the paper. Based on the theoretical framework of four elements of a crime, subject's way of act, object of crime, discussion about contents of guilt, complicity and number of acts are examined in great detail. Regarding way of act, the paper highlights the interactive effects between the act of fabricating facts, withdrawing the truth and power abuse; Concerning objects of crime, property nature is clarified; in terms of the contents of guilt, subject's cognitive and will are explained and compared with relevant clauses; on complicity, related theory on joint offense is introduced to identify the nature of the offense; about the number of acts and sentence decision, acts and the criminal nature.The third part evaluates the judgment and ideas presented in the case. The object of the crime is the property guarded by the court and the underlying legal interest is the creditor's rights in the bankruptcy case, namely the property right. The crime is committed under agreement and cooperation of the two offenders, and hence convicting together can better clarify and hold to account their criminal liability. Besides, their joint offense is in more accordance with the elements of a fraud. Concerning Liao's fraud and implicated power abuse, felony law should be adopted for judgment and penalty against the subject of minor offense should be set as the starting point.The fourth part presents the enlightenment of the case study. In judicatory practice, subjects' way of act, objects of crime and subjective will should be firmly grasped and number of acts needs to be taken into account in more complicated cases and complicity in joint offense. In addition, the nature of fraud via power abuse should be analyzed based on the specific conditions in the case because such elements as way of act and object of crime can also influence the nature of the case.