The Logical Construction Of The Crime Of Fraud

The criminal law theory more generally holds that the act of disposition is an essential element of fraud and is the key point to distinguish between theft and fraud.Correspondingly,the focus of the controversy revolved around disciplinary actions,including the necessity of disciplinary awareness,the content of dispositional sanctions,and the scope of property confiscated by fraudsters in triangular fraud.In determining the cases of theft and intertwining,broadly following two ideas.The establishment of affirmative sanctions affirmed the identity of the victim.The substance of the controversy is manifested in some aspects.From the point of view of the specific identification of fraud,it is the dispute over the scope of establishment of sanctions.From the perspective of the range of punishment of fraud,it is a controversy over the expansion of the scope of punishment for fraud.The current hot controversy over fraud crime actually reflects the expansion trend of the scope of fraud crime.The expansion of fraud crime is formally the concrete manifestation of the logical structural error of fraud crime in a diversified and complicated criminal means.At the level of law and reason is the product of contradictions.There are mainly two theories in the logical structure of fraud in our country.Whether it is four-element theory or five-element theory,disposal is an essential element.There is controversy whether the "property loss" is independent.Disciplinaryaction is indisputable logical link.The "act of punishment" carries the "acquisition of property" under the "misunderstanding",and plays an important role in the process of realizing fraud.The concept of disciplinary action varies with the understanding of the disciplinary action.The objective aspect of the act of disposition is "transfer of property".The subjective aspect of the act of disposition relates to whether the transfer of property requires a sense of disposition and,if so,what is the content of awareness.There are two kinds of doctrine,punishment consciousness need to deal with consciousness.The reasons for the sanctions must exist to say that the law and order protection.Said guilty of self-inflicted crimes.The causal relationship represents that the logical structure that the distinction between guilty and said.As a result of fraud,its identification of guilty,also need to follow the "attribution" and "blame" two steps.In other words,first of all,it should be based on the theory of causation to determine whether the result of property damage can be attributed to a certain behavior of the actor;second,based on the theory of the constitution of crime,it is determined whether the behavior of the actor constitutes a specific crime;Constitute the elements,then constitutes a fraud.From the perspective of the interpretation of the text,the meaning of fraud is "fraudulent",that is,obtaining public and private property through fraudulent means.Fraudulent ways of obtaining money-not limited to "fraudulent communication",as "taking" or "getting" of the contemporary commonly used meanings of the word "take" do not,in and of themselves,specify the specific way of obtaining property,whether or not "Take" or "get" can be included in the meaning of "take".Therefore,"cheat ? fraud." As long as the contents of deception can enable the perpetrator to "cheat" the property,he can only make others fall into the wrong cognition related to the loss of property.There is not much limitation in itself.From the point of view of the purpose of explanation,the purpose of fraud is to protect the victims' correct understanding of the real information regarding the transfer of property,that is,to protect the correct understanding of the information directly related to the property loss.From the point of view of the system explanation of fraud,the scope of the specific fraud is delineated for the special fraud and other criminal "crimes" that are essentiallyfraudulent.The extent of the fraud that it can contain as a guilty conscience should include at least the following four facts:the reason for obtaining the property,the treatment of the goods,the evidence and the identity of the subject.Fraud may or may not involve violations of the victim's will.First of all,property crime is not a criterion of distinction that runs counter to the victim's will.Second,fraud actually involves a violation of the victim's will.The text proposes a new taxonomy for the content of fraud-a fact directly related to the loss of property.The so-called "property loss is directly related to" is based on the specific facts of the deception of the perpetrator,can indicate the urgency of the legal interests of the behavior of the taxonomy of the classification criteria.The standard is not a rejection of the dichotomy of fact and value.Specifically divided into:to dispose of the cause or purpose of fraud,to deceive the recipient of the property,to deceive the true information on the property,to cheat the meaning of fraud.For the classification of fraudulent content,the current academic community generally adopts the dichotomy of facts and value judgments.Can not provide specific guidelines for determining the specific content of fraud,can not play a specific guiding role for the nature of the act or the determination of starting.In order to facilitate the accurate identification of the nature of the behavior and the timing of the commencement,this paper proposes a new classification standard — the facts directly related to the loss of property.This standard is not a rejection of the dichotomy of facts and values,but a concrete application of the dichotomy of facts and values from a microscopic perspective.For the determination,the purpose of regulation shall be taken as the core,and the relevance of the information shall be firmly grasped and manipulated:as long as the deceived person correctly understands the facts related to property derogation,it will not allow the impairment of the property.Including property impairments and information relevance.