From The Victim Theory Of Hermeneutics Fraud Subjective Cognitive State Of The Victim

What we call criminal behavior requires not only that it is illegal and punitive,but also that it must meet the corresponding elements.Now we are familiar with the crime of fraud:criminals to implement a deceptive behavior,the victim because of this deceptive behavior into a false understanding,the victim and therefore based on misunderstanding and disposition of property,the final result is the criminals to obtain property and the victim suffered Loss.In the crime of fraud,more scholars to study the rights of the victims,but not the victim and the perpetrators of crime combined to consider the issue of conviction and sentencing.In the last century,there was a series of campaigns to protect the rights and interests of victims,placing the victim in a very important position.The consequences of these movements were that scholars were more concerned with the rights of the victims than the relevant law-makers,and that the relevant legislative activities A profound impact.The focus on the protection of the victim has a certain positive role in a certain level,but in the judicial practice,we need to realize that we should not always put the victim in an innocent position,and sometimes according to the needs of fairness and justice,we Also need to pay attention to whether the victim itself is faulty.From the perspective of fraud,the usual practice in judicial practice is rarely to consider the role of suspicion in conviction and sentencing.The view is that in the crime of fraud should be the victim's fault placed in the process of conviction and sentencing.In the event that the victim was completely mistaken,the victim was disqualified from the property because of the misunderstanding of the incident,and the victim had acquired the property and the victim suffered the loss of property.In the case,the perpetrator had committed the crime of fraud Controversial.This article discusses that in the crime of fraud when the victim will be skeptical,speculation in the idea of disposing of the property,this time the perpetrators can be like the first case is still established fraud committed?According to this idea,this article is divided into five chapters,the first chapter is the introduction,to explore the purpose and significance of this kind of research,research content and methods;the second chapter to "South China case" and the network rumored " The third chapter is the traditional view of the subjective state of the victim of the crime of fraud and its shortcomings,and the reality of our country is the reality of the subjective cognition of the victims of fraud.Of the criminal law theory as a research perspective,the traditional criminal law theory of fraud in the victim's subjective cognitive state and did not make the corresponding distinction.China' s criminal law that the fraud is the perpetrators of the implementation of certain deceptive behavior makes the victim in the subjective understanding of the wrong understanding,caught in the trap of the victim,so that the final financial delivery to the perpetrators.It is concluded that the traditional view of criminal law in our country is only generalized to the subjective cognition of the victim as "illusion",and the skepticism in the subjective state of the victim is not discussed in depth;the fourth chapter is explained by the victim The author discusses the subjective cognition state of the victim of fraud crime,mainly discusses the perfection of the subjective cognition state of the victim of fraud crime.Through the explanation of the victim,the system of open fraud will be discussed to a certain extent.So that some of the traditional system under the crime of fraud in the judicial non-criminalization.The fifth chapter is improve the proposal,there are two kinds of problems in the judicial determination of the crime of fraud:first,ignore the victim in the process of crime played a special role,the second is not to pay attention to the victim into the wrong understanding of the constituent elements of independence.In order to solve such problems,this paper introduces the victim's hermeneutics and proposes suggestions for improvement.The idea of non-criminalization is also in line with the current trend of criminal law calls on the crime of fraud,the crime of fraud should not be a crime.Judicial practice began to pay attention to the victim factor in the identification of the crime of fraud,but this is far from enough,the victim will rise to a statutory sentencing situation any long way to go.