On The Consciousness Of Disposition Of Fraud Crime

The scope of crime of fraud and larceny often overlaps.It is generally believed that consciousness of delivery is a subjective aspect of disciplinary action,an essential element in the establishment of fraud,and a key element in the distinction between fraud and theft.However,it is theoretically controversial whether the disciplinary stigma of fraud is necessary or not.The key to disagreement in theory lies in the different requirements on the content of the disposition awareness,and the conclusions it leads to will be different.China's fraud crimes include objects and property interests.However,in recent years,there have been cases in which the Internet has been used to cause victims to dispose of property without their knowledge,and the mainstream doctrine of disciplinary awareness is challenged and impacted.Therefore,in connection with the legislative reality in China,while emphasizing the necessity of disciplinary awareness,it is particularly important to discuss in depth the factors that need to be taken into consideration in determining disciplinary awareness and the extent to which disciplinary awareness is eased.The content of the article is divided into five parts:The first part is about the connotation of disciplinary awareness.By comparing and analyzing different viewpoints,it is concluded that the connotation of disciplinary awareness should be the understanding of the specific things that are placed in it;The second chapter discusses the controversy of the disposition consciousness,and compares the necessity of differentiating and clarifying the consciousness.At the same time,through the analysis of the different theories of the disposition consciousness of the Japanese criminal law theory,some erroneous areas in the theory are clarified so as to better learn from and Introduce related theories.The third chapter mainly studies the factors that influence the judgment of the disposition,and the disposition consciousness is the subjective aspect of the disposition behavior.To judge the disposition consciousness from the perspective of the victim,it is necessary to consider the victim's consciousness ability,whether he has the property disposition authority,and whether Whether it is based on the mistakes of cheating and whether it is based on factors such as the free will of the punished person.The fourth chapter deals with the content of disciplinary awareness.This paper discusses whether there is a wrong understanding of the disposition object.When there is no mistaken understanding of the disposition object,the content of the disposition consciousness is the recognition of the transfer possession;but when there is a wrong understanding of the disposition object,it is necessary to make a moderate understanding of the contents of the disposition consciousness,and it is necessary to dispose the object as the object and When the objects of disposal are property interests,they are analyzed separately.The fifth chapter analyzes the qualitative analysis of several disputed behaviors,further clarifies the application of the disposition awareness theory in specific cases,and emphasizes its important significance in distinguishing between theft and fraud.