Research On The Act Of Disposition Of Crime Of Fraud

Considering crime of swindling as a violation of property rights has been a long time. Actually, swindling can be tracked to the origin of countries and laws. In judicial practice, It is difficult to define the crime of fraud for the sake of the lack of ultimate criterions, which has a negative effect on the equality of law and damages the national forecast possibilities. In my view, the correct judgment of swindling is the key step to accurately grasp the core of disciplinary actions and become the urgent need of the judicial practice work. In this paper, through a series of disciplinary actions, the author tries to identify the fundamental characteristics of swindling in order to clarify benchmarks of the crime and provide scientific and reasonable grounds for the crime of fraud, to enhance the rationality of the judicial activities and to improve the authority and consistency of the law system. This article main body part is divided into four parts:The first part for the study of the meaning of disciplinary actions, which mainly contains the following two aspects:on the one hand, making clear that the status of disposition. The position in crime of fraud is one of the constitutive requirements of crime of fraud; On the other hand, adopting the method of comparison, the author points out that the key points is to distinguish the crime of fraud of the disciplinary actions from stealing.The second part is the external form of punishment behavior. Expounding the connotation of disciplinary actions---deceitful dispositions means property ownership, possession or transfer of property holdings. At the same time, this paper analyzes the causality of disciplinary action and other objective factors in the crime.The third section discusses the subject of disciplinary actions. The focus of this article is about the disposition scope of subject and the subject qualification. Here, the author, from the perspective of the triangle fraud, expounds the rights of disposition and position and analyzes the special subject of litigation fraud. Mainly from the subject of litigation fraud, the author’s analysis of litigation fraud should be separated from the crime of fraud. And I insist that the legislature should set new crimes for the litigation fraud.The fourth part is the disciplinary consciousness. In addition to the objective property transfer, the property of the crime of fraud of the disciplinary action must also have disciplinary consciousness. Victims have the right to transfer the property. Victims’ disciplinary consciousness has different requirements of the understanding of property and other interests. On the degree of understanding of property, whether the disposal people should have a comprehensive understanding of types of the property itself, price, value, quantity, weight and other facts. On the question of awareness of disposition of property interests, disposal people at least have indirectly knowledge of coping with the appearance of interests transfer.