The Theory Of Crime Of Fraud Of The Disposition

Fraud is a crime against property in the name of one of the ancient Western Zhou Dynasty, there are records, such as "Book. Fee oath" in "stealing horse cow, luring his concubine, Yu Chang punishment there." So far, fraud is a common violation of property crime, such as China's "Criminal Law" Section 266 provisions "scams public and private property, a large amount of office...." As can be seen from the statute in our criminal law fraud legislative model used it is simple counts, which would explain the study of fraud constituent elements provide a lot of space. Tong said that the constituent elements of fraud as "actors take fraud- Victims caught(maintenance) misconceptions- Victims dispose of property based on misconceptions- obtaining property by the perpetrator- victim suffered property losses," between each of the constituent elements are the layers of causality, ie without the former the latter would not, which is based on the former and then occurred. Previous studies scholars fraud fraud of a lot of fraud in the disposition although mentioned, but inevitably there is a lot of controversy, moreover, with the development of modern science and technology, due to the deception becomes strange, so Fraud and theft had confusingly more difficult to distinguish. Disposition as a key factor that differentiates fraud and theft, although the academic consensus exists in this regard, but there are many differences in their specific content, such as punishment to the implementation of the requirements of the subject, meaning sanctions if necessary, sanction object contains illicit payments and the like. This paper carefully study each theory, through comparative analysis, analyze the pros and cons, and then put forward some of their own ideas, I hope some of the problems encountered in the judicial practice to do a little modest.First, the disposition position in the fraud in the analysis, disposition not only the victim and the perpetrator into misconceptions obtaining property plays a causal connection role, while Accomplished and attempted fraud, crime or distinction, this crime and other crime and so has an indispensable role, with the constituent elements of the feature type, and then certainly disposition position in the fraud. While affirming the disposition is the basis of the constituent elements of the fraud, to clarify its segment and disposition of civil law, that its extension of the concept of disposition than the civil law should be broad, the punishment is not only a transfer of ownership of content, but also including the mere possession of transfer.Secondly, the implementation of sanctions against sanction permission actors were analyzed. Especially in the case of inconsistent dupe and victim, punishment sanction privilege privilege into legal and de facto disposition authority, de facto punishment permissions herein to take "control and domination, said," as long as the dupe of victims of property There are facts of domination and control, they should certainly have punished their rights.Finally, the disposition of subjective factors and objective factors one by one analysis. Evaluation sanction people fall into the wrong standards, "said the main objective to the subjective, said supplement", which under normal circumstances would not fall into the general misconception of standards, under special circumstances, consider individual factors victim. Support punishment means necessary to say, but the level of awareness of the object of punishment do to ease understanding. The objective content of disposition, the disposition of the object property to take "the property, said the economy", because the Criminal Code has a complementary feature, some civil law does not protect the "property" does not mean that criminal law does not give protection, which also sanctions target including contraband, payment for illegal reasons like. Another way to dispose of some special discussion and analysis.