Study On The Disposition Of Fraud

In our country criminal law theory and judicial practice,it is generally believed that the basic structure of crime of fraud of the accomplishment is that the offender to fraud-the other produces(or maintains) misunderstanding-the other disposes property based on misunderstanding-the offender or another one acquires property- the victim suffers damage to property.And disposition of property behavior is the components of the crime of fraud. Because there is no clear stipulation of criminal law, the necessary element of disposition and the connotation of the disposition are still debated. The research object of this passage is the disciplinary behavior,and analysis of the point is dispose of the structural Disposition.It explains disposition action and dispose of consciousness in detail, and, discusses the causal relationship between the punishment of crime of fraud and other elements.In order to fully understand and grasp the dispose of this requirement,the paper main body is divided into the following four parts.The part one is Origin-disputes caused by thinking of the problem.The part two is subjective level dispose disciplinary action means the necessity and its specific content.The part three is Objective level disposition-disposition the essence and connotation.The part four is causal localization of disposition.The first part is introduced from the cases of authoritative textbooks still controversial in some cases and the case of stealing bar code in the supermarket happened frequently in recent years.This part on the basis of briefly explaining the specific details of cases,introduces the differences of he determination of charges between the Chinese scholars and judicial practice department,and controversial focus mainly depends on the specific content of the disciplinary action,the necessarity of disciplinary consciousness,the nature of the causal relationship between disposition behavior and other elements.Take this opportunity to draw out the article writing purpose and main content.The second part is the key of the in this paper.On studying the subjective level "disposition", the existing three kinds of theories are carefully analyzed in detail. It puts forward its own views and understanding on the rationality of disciplinary consciousness.Research on specific content of disciplinary action,mainly selects the cases of authoritative textbooks and controversial cases in judicial practice.This paper introduces point of views from the domestic scholars,and it concludes cognition degree of property to own status, appearance, quantity, nature, types and so on.At the same time, the meaning expression voluntarily is also briefly analyzed.The third part mainly studies the objective level disposition and explores the essence of behavior,mainly based on the relevant theory of civil law and the legal interests of crime,so as to clarify the relationship between them and qualify the reasonable limit disposition.besides, this article will also analyzes some special behavior to further deepen the understanding of disciplinary behavior nature and master the extension of disposition.In the fourth part, it disposes the essential position as the breakthrough point, and respectively illustrates the disposition,understanding error and damage in the causal chain,in the process of interpretation, combined with the change of fraud and litigation fraud,to help grasp the disposition in the important position in the crime of fraud.