Luo's Fraud Case Study

As a typical and common type of crime,the crime of theft and fraud has its own characteristics in criminal constitution,which is not difficult to distinguish.However,with the diversification and melting of criminal means in practice,the boundary between the two has become blurred with the simultaneous existence and interweaving of the means of stealing and swindling.In order to better apply the provisions of the criminal law about the theft and fraud,distinguish between this crime and the other crimes,this article will be aimed at the dispute in a fraud case of Mr.Luo,from both the nature of the crimes,with their specific law benefit analysis to find the reasons why theft and fraud crimes' legislation are so different,and through the theories of the victim to analyze the justifications for different penalties.Finally combining the essential elements of two sins and the boundary factors from criminal law dogmatic,analyzing and discussing the objective behavior characteristics of theft and fraud in China's criminal law,in order to clarify the boundaries between these two crimes,maintain the certainty and impartiality of the criminal law.