The Reflection And Reconstruction Of Fraud Crimes Of Our Country From The Viktimodogmatik

The traditional theory of fraud crimes think that the offender has the purpose of illegal possession,makes fictional facts,the victim makes a mistake based on the fictional facts,then disposes the property,the constitution of fraud crimes is enough.Obviously,the explanation for tatbestand of traditional fraud crimes is very simple,it can't be filled in the real world for the needs of fraud crimes.The fraud crimes is a typically interactive crime,has the features of interaction between offender and victim.Therefore,the element of victims is very important.Traditional fraud crimes focus too much on the offender,and ignore the interaction of the victim.The traditional fraud crimes treats the victim as an object,neglects the initiative of the victim.At the same time,the understanding of traditional fraud crimes of "cognition error" is also very simple.The understanding of “cognition error” makes it lose the function of the system.For the understanding of the external things is colorful,the complexity of social behavior inevitably leads to the different knowledge.Simple and crude understanding of the “cognition error” is incomplete,the author thinks that,from the perspective of victim and offender,analyzes the system of fraud crimes is very necessary.The viktimodogmatik analyzes from the perspective of the victim,finds that the positive role for tatbestand.After fully discussion between some German scholars,the viktimodogmatik is accepted by the academia,and supported by the German federal Supreme Court.The viktimodogmatik based on the interactive features between the offenders and the victims,limits to admit the responsibility in the crime constitution,makes the tatbestand more hierarchy.The viktimodogmatik develops with a lot of criticism.According to the critics,the viktimodogmatik points out that the responsibility of victim is double level,it can increase the responsibility,may also reduce the responsibility.At the same time,the viktimodogmatik makes the victim from the "secondary victims" by limiting the tatbestand.Criminal law as the last barrier of social protection,only shall be conducted in the type of behavior which is necessary to improve the utilization of criminal judicial resources.The viktimodogmatik is along with the principle of criminal law to protect the last,this also proves that the viktimodogmatik is reasonable to exist.The viktimodogmatik is also along with liberty of the human instinct.For the choice of the victims,the solution of the viktimodogmatik is to respect the choice of the victim,not to give a compulsive interference.To the refactoring of tatbestand,the first thing is to accurately understanding the protective need of victim.The premise of the norms of criminal law is that the victim needs protection.When the victim does not need protection,the criminal law shouldn't intervene.Another difficulty of fraud crimes is the classification of “cognition error”.Simple fraud do not make “cognition error” should be ruled out the tatbestand.The “cognition error” of specific doubt shall be divided into specific doubt of conviction,specific doubt of sentencing,specific doubt of no effect.Types of grasp of the discretion makes explain by practice legal workers in detail.The viktimodogmatik riches the criminal law and provides more way to explain fraud crimes.At the same time,the refactoring of tatbestand of fraud crimes makes some types of behavior rule out the tatbestand,saves the judicial resources.