On The Distinction Between Crime Of Fraud And Crime Of Seizing

Personal safety and property safety constitute the object of protection of criminal legal interests.If personal safety is the basis of citizens’ existence,then property safety represents citizens’ pursuit of a better life at a higher level.Nowadays,the common criminal behaviors in the cases of theft,robbery,fraud and seizure are different from the behaviors of single nature in the past.In many cases,the criminal behaviors contain a variety of nature,and the diversity of the means of the perpetrator increases the difficulty of the examination and identification of the investigators.In addition,under the modern Internet economic model,electronic payment means are widely used,and the security of property extends from the three-dimensional real world to the two-dimensional network world.Different payment means,communication channels and carrying media form different criminal paths,blurring the boundaries between charges.In addition to the subjective elements of illegal possession,the other elements of the crime of snatch and fraud have no obvious similarities.Only in special cases,when the behavior of the perpetrator has the dual nature of "cheating" and "seizing",will there be a dispute on the identification of the crime.The renewal of the means of crime and the appearance of the controversial situation of charges have caused the theoretical and practical circles to think about the necessity of the inherent elements of charges.Can the theoretical general theory applied in the past be applied to all kinds of new cases under the new economic form?Because the crime of fraud and the crime of forcible seizure adopts the mode of simple crime,the author chooses practical cases to analyze the constituent elements of the two crimes respectively,discusses the rationality and necessity of the existence of each element,and then puts forward feasible suggestions from the legislative and judicial perspectives based on the current situation of trial practice.The material behavior of realizing the purpose of illegal possession is different between the crime of fraud and the crime of seizing.The former is the victim’s self-disposition,while the latter is the doer’s active seizure.The short movement of property belongs to the slow possession rather than the transfer of rights,does not constitute the crime of fraud,only against the will of the victim to openly seize possession of property can constitute the crime of robbery.