A Research Into The Awareness Of Punishment Of The Victim Of Fraud

This paper holds a delicate discussion about the basic structure, relevant theories and legislation status of fraud, and summarizes the views of various legal systems so as to better the theoretical view of this paper. The specific legislation cases are taken then to illustrate the application of this theoretical fruit to the criminal legislation in China, with an aim to further clarify the necessity and scientificness of this theory, establish the leading role of the necessity theory about the punishment awareness of the victim and thus provide guidance for the perfecting of the legislation.This paper consists of the following aspects:First, present the controversy of fraud in theory and judicial practice through analyzing the typical cases of erroneous judgment and point out the definitive controversy between fraud and larcenySecond, discuss the relevant theories about the conditions to confirm the fraud based on "error cognition", "punishment awareness" and "act of disposition" and analyze the distinctiveness of fraud compared to other financial crimes. A complete introduction would be given later on to the existing theories and the most scientific one would be selected to conduct a rational explanation so as to improve the ability of identification of fraud in the lawyer’s judicial practice.Third, return to the typical cases themselves and employ the previous theoretical fruit to shed light on the distinction between crime and non-crime as well as between this kind of crime and that kind of crime in the process of case analyzing. In this way, the theories are applied to guiding the determination of crime and in turn, the cases are used to demonstrate repeatedly the accuracy of the theory. Based on the researches of cases and theories, this paper would further consider the degree of rationality of the law and put forward advice for improvement in hope of facilitating the establishment of the article for fraud from the judicial perspective.