Study On The Influence Of Victim's Consent Error Regarding The Identification Of Fraud

With the continuous development of economy and society,the real estate industry has become one pillar industry that drives the economic development of our country.Home ownership has become the most important issue for people to live and work in peace,but what is incommensurate with that is the chaos of the real estate industry.Practitioners take advantage of information asymmetry and the dominant position of the sellers‘ market to fabricate various reasons to take buyers' money in the process of house sales.In addition to paying for the house,some buyers were deceived into paying fees that did not exist,and in order to buy the satisfactory house source,the other were still difficult to complain even they doubted.The case in the topic is the fact that the salesman's fictional house has been purchased and charged the transfer consideration from the buyer,regarding the sort of cases,several opinions are found in judicial practice,including fraud,official occupation,bribery of non-state functionary,and innocence.Some cases have been tried by the court,and some cases have been suspended at the investigation stage due to controversy.From the point of views of fraud and innocence,the dispute of such cases is whether the buyer is based on the wrong idea to dispose the property and whether the buyer has property loss.For the focus of the dispute,this article introduces the concept of victim consent and the resulting victim consent error,and further interprets the misunderstanding and property loss in the fraud crime from the perspective of the validity of victim consent.The author tries to find the theoretical path and practical way to deal with this kind of cases.First of all,this article combs the concept of victim consent and the source of the legitimate effect,and concludes that the respect of the victim's right of independent decision in modern criminal law makes the victim's consent not only stop the infringement of criminal law,but also has obtained the conclusion of the validity of the legitimacy of the criminal law and even the entire legal order.Thus,the consent of the victim is defined as the consent of the individual with the ability to consent under the order of good customs to allow others to infringe on their own private interests,which can produce the legal effect of being guilty or guilty but in a lower degree.Then,this article lists the various theoretical points of view of the victim's consent error.Based on the analysis and comparison of various points of view,it determines that the legal interest relationship error is the overall framework for identifying the consent error.The author also makes a judgment on the existence of error based on the idea of the victim's discretion and freedom of legal benefit.After clarifying the victim's consent to the wrong judgment,[he] applied it specifically to the identification of fraud crimes,connecting consent error with falling into wrong understanding and classifying consent as disciplinary behavior.Then,the problem of falling into wrong understanding and property loss in the crime of fraud is solved by the theory of consent error.Finally,based on the above legal analysis,the case is considered that the victim's consent to dispose of property in the case is invalid and there is property loss.Therefore,the conclusion is that the behavior meet with the constituent elements of the crime of fraud and has criminal illegality and should be evaluated as criminal fraud.