The Qualitative Analysis Of Mortgage After Car Rental Fraud Of The Criminal Law

As a country with large population,the demand for vehicles is very huge in China.On the other hand,the number of people who have a driver’s license is three times the total number of cars,which caused the gap between supply and demand.Therefore,car rental industry comes into being,but cases of car rental fraud occur frequently.Through the comparative analysis of the cases of car rental fraud all over the world,it is found that the perpetrators carry out the car rental fraud in same way,but different courts have identified them as different crimes and given different judgments.Whether the act of seize the vehicle after defraudation is a crime,the crime of defraudation or contract fraud,judgments of different courts are varied far from each otherThis article takes the real case as the background,deeply analyzes the legal application behind the car rental fraud,clarifies the behavior of seize the vehicle and taking cash after defrauding it,and provides reference for the processing of similar cases in the future.In the first part of the article,the author briefly describes the basic case of car rental fraud of Ye,followed by the focus of controversy respectively,does the behavior of Ye renting the car with the use of forged identity documents constitute a crime? If it constitutes a crime,which kind of crime it is? The car rental fraud of Ye is divided into two steps,how to determine the relationship between the two behaviors? Whether the relationship between the two acts is independent or absorption or implicated relationship? There are also controversies in the determination of the victims caused by the number of the crimes and the determination of the amounts of crimes.After the controversy,the second part of the article focuses on the legal issues behind the controversial focus.Firstly,it clarifies the similarities and differences between the crime of fraud and the contract fraud.The crime of contract fraud isa special crime of fraud,taking "contract" as the carrier and focusing on the protection of market economic order.The understanding of "contract" is the key to distinguish between contract fraud and ordinary fraud.Secondly,it discusses the problem of crime,and take an overview of the implicated and absorbable offence,making a preliminary understanding of the number of crimes from the perspective of jurisprudence.After the legal analysis,combined with the theory and the practice,based on this case as a blueprint,the author analyzes Ye’s behavior and the number of crimes deeply,and defines the nature of his behavior according to Ye’s specific behavior to determine its subjective state of mind The number of crimes has always been the focus and difficulty of judicial practice In this case,Ye’s rental fraud can be divided into two acts,taking the first part of the prudence as the basis for the identification of the relationship between Ye’s behavior,so as to identify the number of the crimes.The author believes that Ye signing a contract with leasing companies by using forged identity documents and the behavior of fraudulent vehicle constitutes a contract fraud.And then,the behavior of pledging the vehicle to Wang in line with the crime of fraud constitutes the crime.There is a relationship between the two acts,Constitute a implicated offense,Ye should punishedfor one felony,but the implication of the crime is a crime in nature,the two acts should be convicted and sentenced dependently,andalso compare the more sin to identify the crime,at the same time,the victim of the case and the amount of crime should also be Calculated separately,and as a basis for judging felony and misdemeanor.Finally,the author concluded that the victims were car rental companies and pledge,the amount of crime,respectively,the price of the car and the victim Wang Moumou loss of borrowing.