Research About The Property Disposition Of Fraud

Abstract:In the previous judicial practice, judging crime of fraud is always focus on the acts of cheating which means obtaining properting by illegally cheating. As the development of social and economy, the methods of property crime become increasing complicated; and the theory research about fraud also becomes more deeply. On the one hand, crime of fraud not only requires cheating, but also property dispositon, because the voluntary property disposition is an unique characteristic distinguishing fraud from other crimes. One the other hand, Can the corporation and the machine be the subject of property disposition? Can the real estate and property interests be the object of property disposition? There are arguments about these questions.First, the scope and qualification of the subject of property disposition are limited. On the basis of whether exist mistaken cognition, the children, people who have severe mental illness and machine which lacking of the ability or possibility of understanding are excluded from the subject of property disposition. In addition, the people without the right of disposition is not the subject of property disposition. Second, the core part of this paper is the construction of property disposition. There is direct decisive casual relationship between property disposition and mistake. The objects of disposition include intangiable materials, contraband property interests and so on. The forms of disposition include action and omission. The disposition to the property interests, the real estate and the incompletely mistaken cognition has its special form of expression. In addition, there is psychological causal connection between property disposition and mistaken congition, and here is direct relationship between property disposition and property loss, which means no need other illegal act after property disposition, property loss come into being. Last, as the subjective content of property disposition, the consciousness of disposition is a necessary condition of property disposition. The consciousness of disposition includes cognition, will and intention. On the cognition degree to the property, the cognition to the nature of property is necessary, but to the quantity and value is unnecessary. The cognition of property types specific judged by the social experience. Associated with intention, the will of disposition is the subject’s voluntary, spontaneous and naturalness.In this paper, I put forward the innovative ideas on the issues that have debated for a long time and the issues that never noticed in the past. Law and contract could allow the people who had no right of disposition originally. The disposition to the common property is difference from the property interests:based on the characteristic of property interest, the disposition of it is unnecessary to deliver or register, this kind of disposition just requires the subject declaration of will, certainly, the result of the declaration of will is property loss.