Font Size: a A A

Study On The Consciousness Of Disposition Of Fraud

Posted on:2019-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2416330548451672Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years,with the development of e-commerce,payment methods have evolved,and electronic payment methods have become increasingly popular.In this case,the use of information networks to illegally obtain property cases occur frequently.In judicial practice,such cases should be characterized as fraud or theft.Looking at the essence through the phenomenon,the problem of the consciousness of disposition in the crime of fraud is the focus of controversy among them.As an ancient and common crime,scholars have made great contributions to the research of fraud,and also mentioned the problem of the consciousness of disposition.However,due to the criminal law,we take a simple legislative model of crime of fraud,which provides a great space for the interpretation of the constituent elements of the crime of fraud.Although the academic circles have a certain consensus on the problem of the consciousness of disposition in the crime of fraud,there are still many differences.In particular,with the continuous development of science and technology,the use of information networks and other new fraudulent means to take advantage of the situation,a new round of controversy on the awareness of the crime of fraud has been a wave of controversy.Therefore,it is necessary to conduct in-depth and systematic research on it.This article mainly through five parts to understand and grasp the problem of the consciousness of disposition in the crime of fraud.The first part introduces the dispute brought by the new way of payment to defraud the consciousness of disposition of fraud.By introducing two true cases of the typical ticket ordering scam case and false one-yuan link payment case,on the basis of the detailed explanation of the specific case,this paper analyzes the differences between the crime of swindling and the crime of larceny in the criminal law theory field and the judicial practice department on the characterization of such cases.By summarizing the various viewpoints,we can draw a conclusion that the controversy between them lies in the necessity of establishing the consciousness of disposition of fraud,the connotation of the consciousness of disposition,the concrete content of theconsciousness of disposition,etc.and the difficult problems related to the consciousness of disposition of fraud.This leads to the writing purpose and the main content of this thesis.The second part analyzes the meaning of the consciousness of disposition in the crime of fraud,and analyzes the three theories of the transfer of ownership,transfer and possession,and transfer of possession,it holds that the connotation of disposition consciousness is reasonable in terms of possession transfer.On the basis of persisting in the consciousness of defrauding disposition as transfer of possession of property,this paper analyzes the difficult problems in the transfer of illegal possession of property and the consciousness of disposition in the phenomenon of possession of relaxation.The third part,the connotation of disposition consciousness and the necessity of disposition consciousness in the crime of fraud are mixed together.After discussing the connotation of disposition consciousness in the first part,this part discusses whether the crime of fraud must be punished in theory and practice.For the three doctrinal theories,we have a detailed analysis and careful analysis.It is necessary to say that we should insist on the consciousness of disposition in the crime of fraud,and put forward a reasonable basis.The fourth part,on the basis of insisting on the establishment of the consciousness of disposition in crime of fraud,the victim must have disposition consciousness on the basis of how to identify the victim of the crime of fraud with in-depth analysis.It is of great significance for the victims to accurately identify whether they have the consciousness of disposition that is necessary for the establishment of the crime of fraud,and to the accurate characterization of difficult cases.In this regard,the author from the formal and substantive elements of the two aspects of the analysis.On the formal requirements,no matter the object of disposition is the property or property interests,it must satisfy the victims normal consciousness ability,the property disposition authority,the property disposition voluntary as well as based on the actor the conditions for the disposition of the deceit.On the substantive requirements,from the nature of self-injuring crime of fraud andthe nature of possession and transfer of disposition consciousness,it is considered that as long as the victim realizes the possession of property or enjoy some property interests are transferred to the other party to occupy or enjoy the degree,it should be recognized as the consciousness of disposition.Specifically,it also includes two elements,one is the specific meaning of possession,and the other is the recognition of the external facts of the transfer of property.Because of the difference of physical representation and property of property and property interests,we also discuss it separately.The fifth part,the theory serves practice,from the perspective of the consciousness of disposition,the paper makes a simple discussion and analysis of the ticket ordering scam case and the false one yuan link payment case,to further clarify the application of the theory.
Keywords/Search Tags:fraud, act of disposition, consciousness of disposition, error cognition, transfer of possession
PDF Full Text Request
Related items