The Criminal Qualitative Research Of The Apparent Agent Defrauding The Third Party Of Property

There are different views in academic and practice on how to determine the nature of apparent agent's swindling of relative people and property,and the results of case handling are also different.The main manifestation of the disagreement is whether the constitution of the apparent agency is related to the criminal nature?The reasons for the divergence include the different understandings of different subjects on the relationship between apparent agency and criminal offense,the thinking of dealing with criminal-civil overlapping cases,the property damage in fraud crimes,and the understanding of victims.By analyzing the causes of these differences,problems and problems,this paper summarizes the similarities of criminal facts in such cases,and agrees that there is a link between apparent agency and criminal characterization.Therefore,when dealing with these cases,we should adopt the viewpoint of criminal and civil cooperation,adopt the standard of double requirements for the constitution of apparent agency,and add the accountability of principal.On this basis,when the principal is liable,the agent appears to be established,the victim is the principal,and the actor constitutes the crime of embezzlement against the principal.Otherwise,the victim is the relative person,and the actor constitutes a fraud crime against the relative person.In addition to the introduction and conclusion part,the full text is divided into four parts:The first part is to put forward the question,by showing different views on the case,reflects that the judicial practice has universality of the difference in the nature of apparent agent cheating relative to people and property,and thus leads to the issue discussed in this paper and the essence of the problem.his part adopts the method of case analysis to conclude the characteristics of such cases in judicial practice.In the second part,through the analysis of such cases,the processing ideas,the constitution of civil agency,whether the constitution of agency has an impact on the criminal nature,to achieve a further understanding of the problem.The third part mainly analyzes the crimes that may be constituted by such crimes,including crimes of fraud and crimes of embezzlement,etc.A clear understanding of the crime itself is conducive to providing a basis for the qualitative characterization of the behavior.The fourth part,on the basis of the above,puts forward the author's judgment criteria and handling principles,that is,on the premise of the compatibility between criminal and citizen,according to the nature of the crime between the distinction between fraud crimes,crime of job embezzlement and other crimes,to demonstrate the identification of victims under different circumstances.Discuss how to convict so as to provide guidance for judicial practice.