Font Size: a A A

On The Act Of Disposition In Crime Of Fraud

Posted on:2016-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:F G WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Fraud is a common and multiple crime in our country, but its standards are notentirely clear and uniform. There are certain difficulties in the accurate recognitionof the crime of fraud,especially in complex cases which combine thefts andfrauds.The reason is mainly on the deviation of the understanding of the act ofdisposition,which is the key constitutive requirement of the crime of fraud.In orderto further clarify the act of disposition of fraud,I select online ticket "scam"cases,which make use of the new payment methods and happen frequently in recentyears,as the breakthrough point to analyze the necessity of objective facts andsubjective awareness of the act of disposition for the establishment of fraud,whichare thought to be necessary for the act of disposition according to the commonsaying,their identified standards and their positions and roles in the course ofidentification of fraud.Through the analysis of relevant cases and reference to relatedtheories, the argument is put forward in this article:the objective facts and subjectiveawareness of the act of disposition are both necessary conditions for the cognizanceof crime of fraud, but the identification of objective disposition facts is prior to theidentification of subjective disposition awareness in the course of the cognizance ofcrime of fraud.The premise to consider the subjective disposition awareness is thefailure to identify the crime of fraud accurately through the objective dispositionfacts.The former is a supplement of the latter.On the basis of theoretical analysis, it isconcluded that the so-called online ticket "scam" cases are not frauds butthefts.Specifically, the full text is based on a logical sequence as followed:First of all, by introducing the intensified online ticket "scam" cases in recentyears, I draw forth the controversies in the cognizance of the act of disposition offraud, including what is the essence of property disposition, if the subjectivedisposition awareness is necessary and how to evaluate the case and so on.Secondly, in view of the debates on the necessity of the act of disposition intheory, I support the necessity of the act of disposition through the analysis of thearguments and take it as a required element of the crime of fraud.Based on the conclusion that the cognizance of the crime of fraud requires the act of disposition, Ianalyze the act of disposition from objective and subjective aspects intensively.Asfor the objective aspect, the act of disposition is the shift of possession of theproperty in essence;as for the subjective side, the act of disposition must be underthe domination of the victim’s free will, that is to say, the victim must havesubjective disposition awareness when he implements the act of disposition.But thisdoes not mean that the victim must be completely aware of the nature,type, quantityand value of the transferred property.In fact,the victim just need to realize thenature,type and quantity of the property, the error of the value recognition will notaffect the establishment of the crime of fraud.Finally, the article analyzes the distinction between crime of fraud and theftbriefly in the perspective of the act of disposition.And comes to the conclusion thatthe case constitutes theft rather than fraud according to the analysis of relevanttheories.This article mainly adopts the research methods of comparison and caseanalysis.Through the comparison of different theories in domestic and foreigncriminal law theory and different dispositions on similar cases in practice, and withfurther argument analysis, it comes to the conclusion which conforms to the presentlegal status of our country.
Keywords/Search Tags:Crime of Fraud, Act of Disposition, Awareness of Disposition, Shift ofPossession, Cognition Error
PDF Full Text Request
Related items