On The Act Of Disposition In Crime Of Fraud

With the rapid development of economy,the crime of fraud as one of the common property of the crime,has more and more various forms.The law circle at present in our country has made some achievements on the study of crime of fraud,but with the development of economy and the complexity of society,the theoretical research is difficult to meet the needs of practice.One of the most obvious differences between the crime of fraud and other property crimes is that the crime of fraud belongs to the crime of delivery.On the surface,the victims are voluntary to dispose their property based on their wrong understandings.In recent years,with the development of the times,especially the advancement of payment,there are many more fraudulent acts through the Internet,mobile phone,telephone and so on.With the diversification of means of fraud,theft and fraud is more difficult to distinguish.Thus,when it is difficult to distinguish by intuition,it is vital to identify the essence of the disposition and whether the victim is voluntary to dispose their property or not.The act of disposition must take the victim or person who dispose of victim's property or property interests do have the ability of disposal as the premise,and it should be judged whether he has the disposal ability in the cases of against the victim's individual situation.For the question whether the machine was tricked into,in the absence of property disposal ability on the machine,this machine does not have person's understanding,there is no discrimination and therefore it can not fall into the wrong understanding,so it cannot be cheated.For machines with the ability to dispose of,due to a preset program to operate,it can be regarded as the extension of the function of the human brain,and is actually acting a natural person in processing agent things.In this case,cheating machine is cheating the controller behind the machine.In order to distinguish the indirect guilt of the crime of fraud from the crime of theft,The author insists on the theory of the necessity of punishment,at least requires the existence of "delivery" based on the meaning of punishment.The content of the disposition meaning should be a relatively moderate understanding.It does not require the victim to have an accurate comprehensive understanding of property,only for the victim to recognize the behavior of the disposition of the property.On the object of the crime of fraud,in addition to the common property,property interests is also the object of the crime of fraud.In the case of payment for illegal reasons,due to the so-called " illegal reason " raised by doer was originally fictional which does not exist in fact.In practice,the specific forms of the crime of fraud are varied,such as abstain from an act of fraud,cheating others into abandon property and so on.It is necessary to rely firmly on the core essential factor to judge the punishment behavior.