Research On The Risk Of Victims Being Trapped In The Crime Of Fraud

In the crime of fraud in our country,although the victim mistake is a necessary element of the crime accomplished,the diversity of the victim's subjective cognitive state has not received the attention of scholars.With the rapid development of the research on the victim,the victim suspected gradually into the scholars,the victim in the delivery of a specific suspect which can be called the victim self trapping of the risk has been got the attention of scholars.the victim self trapping of the risk in the crime of fraud not only exist many disputes in theory,but also a lot of confusion in the judicial practice,the research has certain theoretical and practical value of this problem.This article uses the literature analysis method,deductive method and theory with practical research methods,starting from the analysis of subjective perceptions of fraud victims,which leads to the problem of the victim self trapping of the risk in this article;then combing and analyzing the cognizance of the specific doubt of the victim whether belongs to the victim's cognitive errors;finally,discussing the theoretical basis,combing the explanatory theory of the victim self trapping of the risk which can influence the cognizance of the crime of fraud,revising the victim Dogmatik,and providing ideas of the cognizance of the crime of fraud in theory.This paper is divided into five parts:The first part is the connotation of the victim self trapping risk of the crime of fraud.This part discusses the main characteristics of constitutive elements of crime of fraud is based on the flaws 0f victim's understanding of the voluntary "break the possession";and then,through the analysis of the three kinds of subjective state of the crime of fraud about assurance,knowing,suspicion,leads to the main subject of this paper is to discuss the victim self trapping risk of the crime of fraud;finally,analyzing and defining the concept of the victim self trapping risk,then substitute it to the crime of fraud,reveal the victim self trapping risk of the crime of fraud is the participation at risks of selves which victims don't fulfill their duty of care.The second part is about the cognizance of the specific doubt of the victims of fraud.In this part,the author sorts out the views of foreign countries and our country about the specific doubt of the victim whether belongs to the victim's cognitive errors,and puts forward some opinions.The identification of the specific suspicion of the victim should not only combine with the specific victims,but also should be combined with the specific analysis of different social fields,rather than simply think that the victim's specific suspicion belongs to or does not belong to the cognitive errors.The third part is on the basis of the effect of the victim self trapping of the risk.This part discusses the legal basis of the victim self trapping of the risk,namely,the victim's right to self-determination;then the basis of the victim self trapping of the risk out of crime are discussed,introduces and analyzes the theory of Germany,Japan and many kinds of theory proposed by Chinese scholars.As the doctrine of quasi agree,the doctrine of considerable social,the doctrine of risk behavior,and the principal of the associated control theory,victim self responsibility.The fourth part is combing the explanation of theory of the victim self trapping risk of fraud.This part is to review the victim self responsibility theory,the victim Dogmatik of two exotic theory separately,first elaborated the local application of two kinds of theory,namely,applicable space and advantage of two kinds of theory in our country;Then,this paper analyzes the problem of victim self trapping risk of fraud in the two theory,which is pave the way for Redefinition of theoretical explanation.The fifth part is on the basis of the effect of the victim self trapping of the risk in the crime of fraud.This part discusses the core principle of the victim doctrine;then revised standard of the victim dogmatik,and affirming the protective possibility of victim principle is the subjective theory,through the division of different areas to limit the victim Dogmatik applied to specific areas and specific victims,establish the judgment standard of life and non life,and put correct point various into social fields rely on specific cases,in order to change the status of the victim creed theory across the board.