Analysis Of Legal And Practical Problems About Cases Of Car Rental Pledge Fraud

At present,the car rental business is developing rapidly all over the country,and the procedure of car rental is fast and convenient.With the rise of the "Internet +" and "P2P"(internet finance point-to-point lending platform),the crime of car rental pledge fraud by cheating on car rental and then posing as the owner of the car for pledge has also spread across the country with a high incidence.This kind of cases belongs to the "Both Ends Fraud",which has two related deception behaviors,involving the upstream victim,the swindler and the downstream victim.The legal relationship between them is very complex,and involves the civil legal theories such as ownership and security interest.We have to face many theoretical and practical problems,such as clarifying the boundary between civil fraud and criminal fraud,the grasp and presuming about the purpose of illegal possession,the distinction between contract fraud and ordinary fraud and the disposal of property involved in criminal civil cross case.In the current judicial practice,there are not only a large number of different judgments in the same case,but also criminal judgments often take into account this and lose the other,which can not completely solve property disputes.The diversity of practical cases enriches the research samples.By summarizing and comparing the judgment results and judgment reasons of typical cases,we can comprehensively and clearly present the three key controversial focuses in the conviction and sentencing of the case of car rental pledge fraud: first,whether the charge is ordinary fraud or contract fraud;second,whether the two fraud acts constitute one crime or several crimes on the whole;third,how to calculate the amount of fraud that affects sentencing.The definition of the above-mentioned disputes is the basis for further analysis of the nature of car rental companies stealing back vehicles from bona fide pledgees after the occurrence of car rental pledge fraud.As an extension of the crime of car rental pledge fraud,such disputes often perplex the public security organs on whether to file a criminal case or not,which is of great practical significance.Under the framework of the existing criminal law in China,the analysis based on the general theory of criminal law shows that the essence of the fraud of car rental pledge should be the same kind of crime of contract fraud.Such characterization can not only truly reflect the social harmfulness of this kind of fraud,but also be conducive to the correct disposal of stolen goods and the settlement of related subsequent disputes.However,if we want to completely standardize the current judicial handling of cases and unify the judicial judgment standards,it is still waiting for the supreme judicial organ to issue a comprehensive judicial interpretative document as soon as possible.