Research On The Consciousness Of Fraud

The development of Alipay and WeChat as a typical third-party payment platform has made the conversion between physical property and intangible property more convenient,and even people can basically realize paperless transactions.It is not conducive to the development of society and the self-improvement of criminal law by restricting property only to possessive property.Therefore,intangible property interests must be included in the normative field.Property interests represented by electronic payment methods are the main targets of property crimes.The property involved in third-party payment platforms is essentially transferred between different banks.,which is attributed to the property owner.The property interests attributable to its owner that can be the subject of fraud.In view of the crime of fraud,China adopts a simple criminal pattern,and does not expressly regulate its behavior.It usually takes disciplinary action as a constituent element of fraud.However,there is no clear regulation on the specific content of the “dispositional actions”.Whether the crime of fraud should have the disciplinary awareness,the theory is divided into three doctrines: the doctrine that disciplinary awareness is necessary,the doctrine that disciplinary awareness is unnecessary and the doctrine that disciplinary awareness is compromising.Differences in the understanding of the fraud of the awareness dispositions can also lead to difficulties in identifying crimes.Therefore,the content of the awareness of fraud should be defined reasonably.The relevant doctrines should be adjusted differently according to the different objects of fraud.As for the physical property,due to the intuitive and obvious way of transferring possession,the actor has already recognized or has the obligation to recognize the intention of transferring possession when performing objective disciplinary action,and has the possibility of knowing.As for the property interests in the electronic payment method,the way of transfer is technical and secret,and in some cases,the actor does not have the possibility of knowing.Therefore,for the physical property,the establishment of fraud need disciplinary awareness,while The property interests transferred by electronic payment method should not require the necessary disciplinary awareness.