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The Error Of Cognition Of The Dupe In The Crime Of Fraud’s Study

Posted on:2016-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:H SongFull Text:PDF
GTID:2296330467993670Subject:Law
Abstract/Summary:PDF Full Text Request
The error of cognition of the dupe is the subjective understanding in the crime of defraud is the dispose of property against their true intention due to the defraud behave by other people. The error of this thesis is not the "any error" in general. It only refers to the misunderstanding subjunctive understanding which could lead to dispose of property against their true intention, the emerging must owe to the doer’s defraud behave, and the defraud behave and the intention of dispose of property must be the causal relationship. This thesis is divided into four parts.The first part is trying to card the concept of the error of cognition of the dupe in the crime of fraud. It is different from the error of cognition in the penal code and the civil code; And the "suspect" belongs to the error of cognition. At the end, the inconsistent phenomenon of inconsistency of the cognitive ability, the error of cognition, the trap of scam in the angle of the mainland legal system and the Anglo-American legal system trying to analysis the error of cognition’s the theory of the status quo.The second part define the intension and extent of the error of cognition of the dupe in the crime of fraud. The subject of the error of cognition must have the ability of cognition and based on the error of cognition to dispose property. It could be the intention of the tran sfer of property, to abandon, or even to destroy. The judgment of standard of the extent oft he error of cognition must based on the ability of cognition and the environment. The exten t of error of cognition of in the circumstance of abstain from an act must consider the hidde n truth whether could make the dupe to dispose the property.The third part elaborates the disaccord in the circumstances of the error of cognition of the dupe and the trap of scam. The partial accordance is the scam and the disposition of property is same. The complete disaccord is the scam and the disposition is not same. This thesis consider that the fraud who set the trap and the victim’s cognition in the disaccord circumstances which the sat trap is the main reason that the victim dispose the property, could be regarded as the accomplished offense of the crime of scam.The fourth part elaborates the error of cognition of the dupe in the special circumstances. Firstly, the fraud in the circumstance of donation, the dupe disposes the property fits the connotation of the error of cognition, when the dupe donated, he actually gives up withdrawing. This intention of giving up actually belongs to the error of cognition in the crime of fraud. Secondly, in the circumstance of auction trading knowing fake and saling fake, the personnel has the obligation to clarify the fact but still covers up leads the consumer into wrong intention; Thirdly, in the circumstance of cheating the insurance benefits, when the new legislation appears on the stage, the "legal" comes to "illegal" the doer has the obligation to clarify, instead of maintaining and strengthening the insurance agency’s wrong cognition.
Keywords/Search Tags:The crime of fraud, the error of cognition, affirm
PDF Full Text Request
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