A Practical Study On The Loan Pledged By Fraudulent Rental Vehicles

Since the stable development of the car rental market,there have been a high number of cases in which the leased vehicles in this field have been used for mortgage and pledge loans without authorization,and the proceeds have been used for gambling and debt repayment.As a new class of fraud cases,the person in the early stage of the car rental(also referred to as the former behavior in theory)and late pledge loan(also known as behavior)after process,there are fictional facts and conceal the truth of the fraud,to decide how to behavior person whether a cheat crime and what constitutes a crime,in the courts practice process and the theory are controversial,inflicting a different connection with the given situation,has seriously affected the market of car rental industry development,also does not favor the equal protection of the victims’ rights and interests.This paper starts with several cases of judicial practice,and draws the focus of the dispute from the comparative analysis of different judgments of the same case,which is mainly manifested in four aspects,namely,the behavior before and after,the pattern of the number of crimes,the amount of crimes and the identification of the victims.As for the case of car rental pledge loan,some people hold that the car rental act constitutes the crime of contract fraud,and the pledge loan act belongs to the crime of contract fraud,which cannot be punished afterwards or only constitutes civil fraud.The crime should be punished as the crime of contract fraud.The amount of the crimeis calculated by the value of the car,and the car rental is the victim.There is a point of view that the car rental act establishes the crime of contract fraud and the pledge act establishes the crime of fraud.The two ACTS should be dealt with by implication if they have a relationship,and the amount of the crime should be calculated by the amount of the felony.There is also a point of view that both the former and the latter two ACTS constitute crimes,both of which are contract fraud crimes or fraud crimes committed continuously,the amount of crime should be calculated accumulatively,the relative people before and after the ACTS are victims of the case,in order to do the crime to adapt to the actor’s multiple ACTS of a complete evaluation and treatment.In addition,there is a point of view that the former act is not a crime,the latter act is set up as a crime of fraud,the later crime is convicted and dealt with,the amount of crime is the amount of loan,the victim is the money lender.Through the research on the problem of theory and practice,it is found that the confusion of dealing with premeditated car rental fraud cases is caused by the difference of behavior and crime pattern.To conduct qualitative main civil fraud,contract fraud and crime of fraud of the war,based on the certain civil fraud and criminal fraud objective behavior exist similarities,starting from the subjective intent,purpose with detinue as per standard,in certain illegal possession purpose to rule out the use of meanings on the basis of the meaning,according to the preparation of behavior to implement two person,medium-term performance of comprehensive estimation stage characteristics and return of the late actor whether has the purpose of illegal possession,and put forward the purpose of illegal possession,presumption of limiting factors,will seem to comply with the conduct of the constitutive requirements of crime treatment.In terms of the definition of contract fraud and crime of fraud,from the contract concept,type and manifestation of the difference in form,as well as the difference in the oneness and complexity of the two crimes,it is determined that the behavior of car rental constitutes the crime of contract fraud.In the act of pledge loan,this article embarks from the basis of the right of pledge to realize,order,combined with property damage that the individual property to reduce and reduce the overall property affirmed the lenders property losses,on the basis ofthe similarity with civil fraud because joined the behavior intention of illegal possession and makes the pledge loan person not only comment on the civil law,the nature of criminal wrongdoing and should do that.Behaviour before,during,and after that shall be after the criminal,the paper identified in the aspect of crime number shape recognition for behavior for object after the money lenders,and caused the lenders damage to property of new law benefit,expand the infringement by lie to rent the vehicle before the behavior of the loss of personal property and car rental industry in the normal management order normal range,the advent of new law benefit behavior does not conform to the later not penalty theory on later behavior between the legal interests of restrictions.From the point of view that there are different criminal intentions in the behavior of the actor before and after,and different crimes are committed against different objects of crime,the pattern of crime number of continuous crimes is denied.From two behavior objective to contact the car rental behavior and pledge loan behavior increasingly exist between the establishment of normalized relations affirmed in the space,on the premise of behavior before and after the set up different crime is involved crime,and certainly with the establishment of the crime in theory that the amount of crime amount for a felony value that the value of the vehicle,the victim for vehicle lessor and money lenders,and implemented a deception,but not for renting a car with a purpose of illegal possession and pledge loan car rental behavior should be considering setting up embezzlement,cannot be identified as crime of fraud of the contract,so for this kind of case should be distinguished according to the case facts.