A Study On Validity Of The Consent By Fraud

When an individual deceives somebody,which leads victim to have false cognition and then“consent” to dispose his/her own rights.Whether the “consent” is valid? The article thinks,to solve the problem,we need to utilize the legal interest,which specific provisions of Criminal Law aim to protect,to carry out the individualized study,rather than generalizing.Therefore,this article mainly focuses on the criminal law section 236 to discuss whether “consent” is valid when the victim who has been cheated and consent to sexual intercourse? Meanwhile,to discuss whether the consent is valid when victim consent to donor organs under paragraph 2 article 1 of 234 of criminal law,sell blood under paragraph 2 of article 333 of the criminal law.Firstly,the victim consent by fraud is based on an individual deceive.If the individual do not cheat victim,he/she cannot be blamed.So,we need to explore the meaning and extension of fraud.Secondly,the victim consent by fraud because of false cognition,which includes: one is false cognition in the legal interests,another is false cognition in the motives of consent.The article thinks the both aim to solve the different problems and are compatible rather than incompatible.The first one solve to is there “consent”? Another aims to whether the consent is made under one's own accord.When solve problem,we need to consider that is there consent,only if there is consent,then consider the next question that whether consent is made under one's own accord.Third,to study the validity of consent by fraud,which focuses on rape.First of all,the will of the raped victim is very important,so we focus on it.And then we discuss the relationship between methods to rape and the will of the victim.When the offender has sexual intercourse with violence,coercion or the other means,as long as women stated she is raped,in general,the consent of sexual intercourse is invalid.The next,the article analyzes whether fraud belongs to the other means.There are three types of fraud: coerce-typed fraud,warn-typed fraud and common-typed fraud.The first two types fraud belong to the other means,the last do not belong to the other means.When using common-typed,consent is invalid in false cognition in the legal interests,and consent is invalid in false cognition in the motives of consent.