Diddle Property Right Card Repeat Mortgage Behavior Of Qualitative Research

Currently,China’s real estate mortgage registration requirements for entry into force,but of mortgage registration will have been cheated again a title certificate mortgage still exists.This cheat has been mortgage-mortgage of the property titles once again in legal circles,there are different ways.Paper around "cheat has mortgage of property card repeat mortgage loan" this a dispute focus,on dispute the crime and this case processing about of legal problem for more detailed of combs,eventually proposed cheat out has handle mortgage loan of property card for repeat mortgage loan of behavior should to contract fraud crime be conviction punishment of conclusion,to solution China judicial practice in the about repeat mortgage raised of related case.The writing of this article consists of four parts,the main content as follows:In the first part,it mainly studies the basic situation of the case.This section describes the accused Li Jia,Li Yi the basic facts of fraud,as well as in the case of qualitative differences,and focus of the Department involved in the case.In judicial practice in the present case,there have been three main different opinion: first,Li Jia,Li Yi to use real property titles mortgage,then cheating behavior does not affect the effectiveness of its mortgage production warrants,which belongs to the civil loan disputes,therefore,Li Jia,Li Yi’s conduct did not constitute a crime;Second,Li Jia,Li Yi stores using false property right certificate acts of obtaining really store title belongs to the subsequent behavior of the mortgage,should be convicted of loan fraud,Li Jia and Li Yi acts should therefore be convicted and punished on charges of loan fraud;Three is the subject of crime of fraud of the loan does not contain a unit,when loan fraud in the entity shall be deemed to be the crime of contract fraud,therefore,Li Jia,Li Yi’s conviction and sentencing on charges of contract fraud.The focus of the case is that Li Jia,Li Yi has fraudulently mortgage Act of repeating the title of the mortgage loan.In the second part,it mainly studies the relevant legal analysis of the problem.The contents of this section contains the following four aspects: firstly,to accurately define a criminal fraud and fraud,to distinguish its boundaries;Second,the comparative analysis of contract fraud,loan fraud,in a clear demarcation point between them;Third,analysis ofcompeting crime of contract fraud,loan fraud;Its four units of analysis in the implementation of pure natural approach when the crime of loan fraud.In the third part,it mainly studies the analysis and conclusion to the case.This section is composed of three parts: first,through acts of obtaining had mortgaged property right certificate of repeated mortgage significantly over civil fraud and in accordance with the criminal law of fraud,therefore outside the civil fraud;Second,the behavior is in the name of the company to commit acts of obtaining has repeat mortgage mortgage certificates of title,does not meet the main requirements of the crime of loan fraud,which do not constitute crimes of loan fraud,or to escape the suspected of violations of the principle of legality;Third,the perpetrator through fraud has the title repeated mortgage a mortgage,but unable to repay the loan when the contract expired and run away,with the purpose of illegal possession and meet the constitutive requirements of the crime of contract fraud,fixing the perpetrator in this case should be Li Jia,Li Yi committed acts as contract fraud.In the fourth part,it mainly studies the research of the case.This section includes two aspects: first,the main unit should be established in this category of loan fraud,only natural persons established for the crime of the body has been unable to adapt to the market economy in the new situation of the unit to commit loan fraud.Unit acts as contract fraud,loan fraud not in breach of the legal requirements,but the legislative purpose is obviously a serious narrowing of loan fraud,so that it cannot be fully realized;Second,through the stage of formation of the contract and to perform preventive measures with a view to protecting the legitimate rights and interests of contract parties.