The Consideration Of Criminal Law For The Victims' Intervening Factors In Financial Fraud Crime

China's 'Criminal Law' aims to legislate to punish crimes and protect the people.Therefore,the traditional criminal law theory puts the relationship between the state and the offender at the top of consideration.There is a causal relationship between the actor's objective behavior and the damage result,and the subjective aspect has intentional or negligence.In addition,the criminal responsibility capability must be possessed,which requires the actor to bear criminal responsibility for the damage result.This kind of flat 'four essentials' evaluation model makes the actor the absolute subject of the crime,the victim's status in the criminal law is excluded,and the victim's influence on the establishment of the crime is completely denied.With the rise of the victim creed,the self-determination theory of ' self-responsibility ' has become the basic principle of criminal imputation.The victim's self-responsibility provides theoretical support and operational guidance for the victim to share the criminal responsibility of the actor.The nature of finance is the circulation of monetary funds as a commodity in the financial system.From the standpoint of a real financial concept,financial fraud refers to all fraudulent and fraudulent regulatory structures,financial fields,and fraudulent activities that occur in the circulation of capital.Based on the different operating modes,finance can be divided into traditional finance and internet finance.Through the re-description of financial fraud crimes,financial fraud crimes should also be divided into traditional financial fraud crime types and internet financial fraud crime types.Traditional financial fraud crimes are eight crimes listed in Chapter V of Chapter III of the Criminal Law of China.Internet financial fraud crimes are based on internet finance,internet money,mobile payment and third party payment,and big data credit system.The theoretical crime types are set with the five models of online loans,P2P network loans,and crowd funding.When the crime of Internet financial fraud is determined,there is a problem in the traditional behavior-centered consideration model.It is necessary to introduce the perspective of the victim,analyze the pattern of victim involvement in financial fraud crimes,and consider the factors involved in the victim involvement.Among many crimes,fraud crimes are based on their relationship-related crimes and self-harm crimes.Property acquisition is due to the victim's intention to show the crime and the existence of both the actor ' s and the victim ' s responsibility.This makes the involvement of victims in fraud crimes require special consideration.Crime has also become the best place for verification and exercise of victim creed learning.Financial fraud crime is a special form of fraud crime.On the one hand,it possesses the above-mentioned characteristics and regulatory structure of fraud crime.On the other hand,it is because of the high risk in the financial field,the strong interaction of the capital circulation,the rapidity of financial innovation,and the virtuality of the Internet.For sex and other reasons,victims of financial fraud crimes have higher duty of care and therefore have greater common responsibility.It can be said that in all fraud crimes,the victim involvement factor in financial fraud crimes is the most prominent and has the most research value.The victim has an independent criminal law connotation,characteristics and status.Victims of financial fraud crimes are not exactly the same as financial investors.Investors are victims only when they satisfy the victim' s criminal law characteristics.Clearing the scope of victims of financial fraud crimes is the basis for judging the involvement of victims and the protection of victims.Righteousness.Victim involvement factors are various manifestations of the victim's intentional involvement in the criminal process.They are a summary of the many actions that affect the damage results that have been imposed on him.They are the Chinese context in which the victim took risks.Victim involvement is divided into active intervention and passive intervention,which correspond to the self-responsibility of the victim's self-responsibility theory and self-reporting.The application of victim involvement factors in financial fraud crimes needs to meet the four basic elements of awareness possibilities,self-risk,self-protection possibilities,and voluntary priorities,including intentional self-intervention,negligent self-intervention,and passive passive intervention Three types of financial fraud crimes consider the factors of victim involvement to exclude the application of victim commitment theory.The criminal law consideration of the factors concerning the involvement of the victim is essentially a question to be solved.When a damage result is caused by the victim's active or passive intervention,does the victim need to bear responsibility for the occurrence of the damage result and to what extent it is responsible?What impact does the actor have on the evaluation of conviction and sentencing,and how should criminal law theory and criminal justice treat the victim?Specifically,in financial fraud crimes,the victim involvement factors affect the establishment of a crime by affecting various stages of the regulatory structure;the victim involvement factor,as a necessary sentencing scenario and the determination of the amount of crime,affects the penalty disposal.