租车诈骗案件疑难问题研究

Research on the Problems of Car Rental Fraud

租车诈骗是近年来司法实践中频发的特殊诈骗类型,俗称"两头骗",它是指通过实施前行为骗取车辆,再实施后行为对车辆进行质押或变卖。当前司法实践中,对于前行为属于合同诈骗行为没有争议,然而后行为的性质认定及其前后行为关系的判断,则是此类案件出现定性混乱的主要原因。因此,此类案件的处理不仅必须明晰诈骗行为与民事欺诈的界限,还应准确定性前后行为的关系,即租车诈骗的前行为属于合同诈骗,后行为在性质上属于普通诈骗,两者不具有事后(前)不可罚行为关系,而存在"同质性"数额牵连关系,并且前后行为所涉犯罪数额应累积计算,最终以合同诈骗罪定罪处罚。如此判断,才能避免"同案不同判"的现象,才能实现罪、责、刑相适应的要求。

Vehicle rental fraud is a special type of fraud that has frequently occurred in judicial practices in recent years, which is commonly known as ＂two-side fraud＂ . It means that fraudster defrauds the vehicle through pre-erime offences and then pledges or sells it through after-crime offences. In current judicial practices, it is without controversy that pre-crime offences belong to contract fraud. However, identifying the nature of aftercrime offences and judging the relationship between pre-crime offences and post-crime offences are the major reasons for chaotic identification of nature in such cases. Therefore, handling such cases not only has to clarify the limits between fraudulent acts and civil frauds, but it also needs to accurately define the relationship between pre- crime offences and after-crime offences, i.e., the pre-crime offences of vehicle rent fraud belong to contract fraud while after-crime offences belong to common fraud. Besides, between pre-crime offences and after-crime offences, there does not exist a relationship of impunity but a relationship of ＂homogeneous＂ amount involved. Moreover, the amount of crime involved in pre-erime offences and after-crime offences should be accumulated in calculation and eventually they should be punished according to contract fraud. Only by judging in this way could one avoid ＂according inconsistent sentences to similar cases＂ and realize the requirements for the adaptation among crime, responsibility and punishment.