Research On Disposition Behavior In Crime Of Fraud

The crime of fraud is one of the more multiple in judicial practice. In Chinese criminal law theory, the crime of fraud is the behavior that uses deceptive method cheating large amount of public or private property for the purpose of illegal possession. Constitutive decides specific crime behavior type, having the function of the criminal individualized, professor Zhang Mingkai points out that the basic structure of crime of fraud, constitutive requirement provides theoretical guide for the judiciary case in practice. But because disposition study of the counterpart of behavior person is less, causing the practical problems that appears identical lawsuits with distinct judgment. Therefore, discussing the disposition behavior of the crime of fraud of the objective structure element has great significance for correctly identified fraud. The theory of crime of fraud of the disposition behavior are discussed in this article.Whether the disposition action of fraud is the independent component of the crime of fraud or not. The answer of this problem directly influences the judicial practice of specific crime, especially in the distinction between fraud and theft. It can be seen necessary is more reasonable from the basic structure, and the related crime of fraud and accomplished offense or not accomplished. Since the disposition is the essential component in the crime of fraud, it needs to further define the disposition action to have a more comprehensive understanding, the first problem is to solve that what is the meaning of disposition, the "punishment" is so long as transferring possession is enough or transferring occupation or transferring the ownership of the property? possession is more accord with the structure of the crime of fraud, it can distinguish between this crime and those crimes, the accomplished and not accomplished, at the same time it can explain the problem in the law practice.After orientating disposition, the article analysis the structure of the crime of fraud from subjective and objective aspects. In the objective aspect, mainly from the main body and object of disposition behavior two aspects to discuss. As for the subjective aspect of disposition behavior, from the misunderstanding of cheating firstly, then analysis transition from misunderstanding to disposition consciousness, the research is mainly focused on whether the disposition consciousness is necessary in disposition action, and demonstrates the disposition awareness is necessary, this article puts forward the disadvantage of disposition consciousness unnecessary speaking and the compromising speaking.The disposition of argument is the purpose of applying the theory in practice to provide direction for solving practical problems, number 27 guidance released by the supreme people's court cases such as Zhang Jinquan's theft and fraud as the breakthrough point, analyzing the property delivery behavior based on information network, it can not only beneficial to enrich and perfect the fraud crime by the theory of constitutive requirement, but also help to better guide judicial practice.