A Study On The Disciplinary Consciousness Of The Crime Of Fraud

From 2016,a “sweeping for a QR code” entered the people's field of vision because of its complicated legal relationship.There are different opinions for the case scholars and practitioners.The main dispute lies in the act of stealing a QR code to get finances.It is a crime of fraud or theft.For the qualitative research on the nature of the nature of this type of fraud and the nature of theft,the focus of the debate between the academic and practical circles on disputes between fraud and theft is mainly on differences in the recognition of punishment.For the consideration of disciplinary awareness,first start with the content of the disciplinary awareness,including the content of the disciplinary awareness and whether it should be discussed.The academic community's determination of the contents of the disciplinary awareness is generally divided into three kinds of understanding: one is the recognition of the degree of self-awareness of the disposition;the second is the recognition of whether the right to dispose of the disposition has been transferred;and the third is the understanding of the disposition object itself.Through the analysis of small cases such as "Park Lost Property Case" and "fitting room changing practice",the content of the disciplinary awareness depends on the knowledge of the subject matter of the division,and only in this way will it not expand or limit the crime of fraud.The conditions of incrimination.On this basis,through a Supreme People's Court's guidance case and two cases of trials that combine both fraud and theft,the necessity of disciplinary awareness is demonstrated,and the recognition of disciplinary consciousness in fraud is concluded.Should take the necessary point of view.After that,the disposition consciousness is analyzed from the perspective of the crime of fraud crime,that is,the misunderstanding of the disposition object and the misunderstanding of the disposition person.There are two kinds of arguments: the rigorous theory and the mitigation theory.There is a moderate degree of mitigation on the understanding of the disciplinary objects in the disciplinary consciousness,and the strict controversy will lead to the crime of fraud.The threshold is too high,so that some behaviors that should be considered fraudulent crimes are convicted and punished for theft,and extreme understanding cannot be applied to easing theory.Otherwise,the conditions for the establishment of fraud crimes are too large,which can lead to massive fraud and theft.Appearing as a moderate understanding of deflation helps to find abalance between fraud and theft.The misrepresentation of the disciplinary person produces a different behavior from the logic of general fraud,that is,the theory of "triangle fraud" that has always been controversial in the academic world,through the "slip of two-dimensional code" in two judicial practices.The analysis of the analysis shows that the misunderstanding of relatives in the disciplinary awareness does not affect the recognition of fraud.Returning to the “stolen trade for two-dimensional code for financial cases”,the point of view of disciplinary awareness must be taken into consideration in the determination of fraud,and the determination of the triangular relationship between such actors,customers,and merchants should be taken against the relevant person.The misunderstanding of the right will not hinder whether or not there is a disciplinary evaluation,and does not affect the recognition of the crime of “stealing the QR code for fraud”.