On The Act Of Disposition In Crime Of Fraud

With the development of science and technology and the wide spread of theInternet, as well as the constantly updating of smart phones and also the generation ofthe new payment way, fraud, as one of the permanent property crimes, its pattern alsobecomes various. An increase in the cheating way of fraud has made confusionsbetween theft and fraud more difficult to distinguish. As a key factor to separate fraudfrom theft, disposition of property occupies a certain position in the criminal law theory.But in the disposition of the specific content, there is still controversy in the theoreticalcircle. The author in this paper tries to summarize the disposition and analyze othertheories, in order to clear the boundaries between theft and fraud in the perspective ofdisposition.A classic suit label switch case is presented and the scholar’s views are raised.Then the author analyzes the focus of controversy between different views, so as themain content of the article.Firstly, the author tries to explain the status of disposition in the constitutiverequirement of fraud. In this part, based on a simple introduction to the constitutiverequirements of fraud and its behavior pattern. From distinguishing the aspect ofwhether of d case constitutes a crime and what kind of crime it is, and thedetermination of the accomplished and attempted crime we can certainly affirm thedisposition status in the necessity of fraud.On the basis of disposition status in the necessity of fraud, there is some summaryand analysis of the constitute characteristics of act of disposition in fraud. In this part,firstly, the author combines it with the disposition act in the civil law to clarify therelationship of them. And then defines the scope of disposition and its content.Secondly, the author analyses the misknowledge of the subjective aspect and theintention of disposition. For the misknowledge, the author concludes several types ofmisknowledge. For the disposition intention, the author focuses on the problem of itsnecessity and analyses three kinds of view which are about the essential of disposition intention. It is combined with the fraud cases with new payment forms, and then thepaper demonstrates the rationality of why disposition intention is unwanted.Lastly, the author give a simply distinction between fraud and theft in the respectof disposition intention. And then distinguish them from the aspects of the presence ofthe presence of disposition, the subject, the permission of the property owner, reasonsof property transfer, the degree of the victim mistake and the violation of subjectintention.