Research On Some Problems Of Special Type Of Crime Of Fraud

According to the traditional theory of criminal law,the crime of fraud is a kind of voluntary disposal of property after the victim falls into a wrong understanding.Larceny is the behavior that the doer violates the victim's inner free will and illegally possesses property of others,which belongs to the typical "other damage crime" type.The characteristics of crime of fraud and crime of larceny are distinct.However,with the rapid development of economy and technology,the forms and methods of crime also keep pace with the trend of The Times and bring forth new ideas.In recent years,a large number of special types of fraud crimes have appeared in judicial practice,such as "double-headed fraud","uninformed delivery",and "the case of stealing and changing merchants' QR codes".Many of these special types of money-taking crimes involve the third parties besides the actor and the victim,leading to a lot of controversial issues in case handling.In the special type of "double fraud",there are disputes about the number of crimes of fraud,the identification of criminal victims and other aspects in judicial practice."Not informed delivery" type cases that exist in the judicial practice of behavior nature,which essence is that academic disciplinary actions must be able to crime of fraud of the controversial consciousness,the criminal law theory has a "disciplinary awareness necessary" and "disciplinary awareness not necessary".Two opposing views,by contrast,"disciplinary awareness necessary" is more scientific,not only because it can accurately distinguish the boundaries of the crime of fraud and theft,it can also provide "slow situation occupation type cases" an accurate definition.In the theory of criminal law,there are two views on the specific content of punishment consciousness: "strict" and "moderate".The mainstream view holds that the punishment consciousness should be interpreted broadly while the punishment consciousness should be used,otherwise the adjustment scope of the crime of fraud will be limited.The reason for the dispute over the identification of the behavior nature of "the case of stealing merchants' qr codes" is the different understanding of the specific content of the punishment consciousness.In dealing with the acquisition-oriented property crimes,it is necessary to distinguish the boundaries strictly between civil fraud and criminal crimes,accurately identify the number of crimes and avoid the criminalization of civil disputes.Secondly,as for the identification of the nature of the behavior,we should insist on starting from the behavior characteristics about theft and fraud,and distinguish the boundaries between the types of "fraud behavior" and "Crime of fraud" strictly,return to the basic structure of fraud,and insist on the "punishment awareness necessary" to deal with the case in practice.