On The Perceived Consciousness Of Victims In Fraud

From the aspect of evolution, crime of fraud is established under the circumstance where crime of theft is not suitable, it could also be construed as the indirect guilt of crime of theft from the perspective of theoretical construction of crime of fraud. However, it is generally believed that crime of fraud and crime of theft are exclusive, so a clear distinction between these two is imperative with a key point of the existence of act of disposition of victims. It has become a controversial problem within the criminal law circle, whose focus is the necessity of consciousness of disposition.Analyzing the three doctrines of consciousness of disposition and their major opinions, this dissertation concludes that the debate whether consciousness of disposition is necessary actually is demonstrating it connotation from different aspects, with the perquisite of the realization of transfer of properties by disposers, but the judgment standards are different with different degrees of realization.The contents of consciousness of disposition and the necessity of consciousness of disposition are entwined, with the former as the perquisite. This dissertation believes that the contents of consciousness of disposition need to classify the objectives of crime of fraud: for the violation action on specific tangible properties, because it is a stipulated punishment objective in both the crime of fraud and crime of theft, a rigorous understanding of consciousness of disposition is proper that could contribute to the separation between crime of fraud and crime of theft; while for the violation action on interest of amorphous properties, strong punishment on it is not stipulated in crime of fraud and crime of theft in China’s penal code, so the explanation of consciousness of disposition of victims should be relatively conservative.In the end, this dissertation conduct an initiative discussion and analysis on crime of fraud implemented with new payment measures, range ticketless travel, and other controversial problems from the perspective of consciousness of disposition to further clarify the application of theories.