Research On The Act Of Disposition In The Crime Of Fraud

The crime of fraud is property crime, which is established through criminals’fraud and victims’ disposition. The action of disposition by victims plays animportant role in the constitution of crime of fraud. It is significant in judging if theaction can be crime and the difference between crime of fraud and other similarcrime, especially theft. The importance of action of disposition is generally acceptedin criminal theory. However, there exist several disputes in action of disposition thatmake judicial practice have less theoretical support and argument. By analyzing themeaning and constitution of crime of fraud, this paper may provide scientificstandard to judicial practice.On recognizing the action of disposition is the premise of constitution of crimeof fraud, this paper gives a further discussion about the meaning of the action ofdisposition. Starting from the comparison of action of disposition and delivery in thecivil law, it comes to the conclusion that the action of disposition is the exactexpression in the crime of fraud and the transfer of possession is the essence of ofthe action of disposition.The writer has a specific discussion on the action of disposition, includingsubjective factor, participant and object. In subjective factor, it mainly discusses theintention to dispose is the requirement of the action of disposition. The paperanalyzes the scope of participant, the capability of disposition and jurisdiction. Theparticipant should have the capability of disposition. Both legal entity andintellectual machine can’t be participant for that legal entity is not the person inpossession and intellectual machine can’t be cheated. The paper also argues that thequalification in triangular fraud and lawsuit fraud. Whether the debt of forgiveness,postponement and labor services can be the object of the action of disposition isdeeply discussed in the paper. In addition, the illegal payment and victims’ action ofdisposition are important issues of this paper.In the end, the writer takes two special patterns (inactive disposition anddiscarded disposition) into consideration and gives a detailed explanation.