The Act Of Disposition Theory Of The Crime Of Fraud

In practice, the judicial organs in the fraud crime when sometimes have difficulty,The main reason is that in the specific definition of the victim disposition when thedeviation, Thus there will be a person of the behavior of fraud or theft or otherproperty crime debate. Theft and fraud problem of boundary points is always thedifficulty of criminal judicial practice, And the problem to ensure the correctconviction and sentencing, implementation of justice and so on all have greatsignificance. From the traditional criminal law theory analysis, the criminal subject,criminal object and subjective aspect is consistent，there are only different objectiveaspect, but that does not effectively solve the problem of their many boundaries anddistinguish, from the point of view of both the nature of the property crime, on thecivil law "punishment" undoubtedly can serve as a central part of the boundary pointstwo crimes, theft is completely against the will of the victim illegally obtaining itsproperty, and the nature of the crime of fraud is the use of the victim is based on theunderstanding of error to dispose of property, so how the world is divided into twosins, particularly important is to sanction behavior in the crime of fraud. Visibly,disposition is the main standard of fraud differs from theft. This paper expounds theconnotation of a series of constitutive requirements and disciplinary actions, draw aline between fraud and other property crimes, In order to accurate conviction andsentencing and enhance the scientific nature of the judicial activities, authority andconsistency.This article is divided into four chapters altogether, The first chapter isintroduction, on the whole grasp the research significance and research status ofdisciplinary actions；The second chapter is a summary of crime of fraud of thedisposition，From the connotation, necessity and status to macro grasp disputesdisposal action, there is a probably understanding; The third chapter is the dispositionof logic elements, From the subject, subjective factors and external factors ofcomprehensive analysis disposition; The fourth chapter disposition of judicialapplication, List three kinds of special type of crime of fraud, In triangular fraud, the offender commit fraud behavior, If it is bogus disposition of (property) and the victimhas no identity, namely triangular fraud; Triangular fraud possesses the nature of thecrime of fraud, and completely accords with the constitutive requirements of crime offraud; If it is bogus disposition of (property) and the victim has no identity, namelytriangular fraud; Triangular fraud possesses the nature of the crime of fraud, andcompletely accords with the constitutive requirements of crime of fraud; In the case ofthe special crime of fraud of the analysis of the disposition. Triangular fraud and theft(indirect crime), the key difference is that whether be deceiving in fact have disposethe victim property permissions or whether can dispose the victim property status;Litigation fraud is a typical fraud triangle, shall be deemed to be fraud; To use theother illegal obtained property creditor’s rights certificate, should distinguish betweentriangular fraud crime of fraud of the (indirect crime) with other boundaries of thecrime. In the crime of fraud of the throwaway, use the perpetrator of fraud to deceivethe victim to abandon possessions and then made their possessions, if abandonedproperty and obtain property between separated by space and time is short, shouldwith punish of crime of fraud. Payment fraud, illegal reasons to analysis the divisionof the subject matter as the guide, in order to cause substantial damage to propertyanalysis, exclusion of other interests to eliminate fraud, to distinguish the boundariesof fraud and other property crimes.The fourth chapter is the research emphasis in this article, the system introduceddisposition, after the composition of the disciplinary actions in the crime of fraud ofthe typical analysis, emphatically analyzed the offender in the cognizance of the crimeof fraud of the throwaway disposable range against the property, in a triangular fraudto focusing on the analysis of the third person disposition, causality and damage toproperty focusing on the analysis of property in the illegal crime of fraud of thereasons to pay substantial damage.