A Study On The Criminal Law Of "Alcohol Trust" Fraudcases

"Alcohol trust" fraud cases are more frequent in recent years,but in judicial practice,there are cases with unclear conviction and reasoning,and the members of joint crime are not clear.The premise of determining the nature of "alcohol trust" fraud cases is to clarify its legal nature and characteristics,and then to classify it so as to distinguish between crime and non crime,this crime and that crime.This paper sorts out some cases in judicial practice in recent years,compares the opinions of the prosecution and the defense in such cases to understand the focus of controversy in the case of "Alcohol trust",so as to lead to the main problems to be solved in this paper: under what circumstances "Alcohol trust" behavior constitutes a crime of fraud,what types of "Alcohol trust" fraud in practice,and the nature and accomplices of joint crime How to determine the amount of crime.In the case of "alcohol trust" fraud,there are cases where the victim voluntarily pays for the property consumed and the actor provides corresponding liquor service.This paper clarifies the theoretical basis of establishing the crime of fraud by "alcohol trust" behavior from the two aspects of the victim's consent error and property loss.An effective consent of the victim needs to meet many conditions.If the conditions are not satisfied,the consent of the victim will be wrong.This paper makes a comprehensive judgment on the two viewpoints of the theory of essential error and the theory of legal interest relationship error,and holds that the validity of the consent of the victim is affected by the error of his motivation.Through the analysis of "property interests",it is considered that the purpose of the victim's delivery in the case of "alcohol trust" fraud can not be realized,thus suffering property losses.According to the different quality of food and service provided by the business place of the actor,there are two types of swindle cases of "alcohol trust" in practice: "alcohol trust" in the "alcohol trust" type of swindle cases,the quality of alcohol and food provided by the actor is better,the price is relatively lower,but it will be slightly higher than the market price;"wine trust" in the "fraud trade" type of swindle cases In the case of "trust" fraud,the food and liquor are completely mixed,and the price is doubled.In these two forms of "alcohol trust" fraud cases,the purpose and motivation of the victim's consumption are deceived,and in the "alcohol trust" fraud cases of "fraud transaction type",the perpetrator commits fraud in the specific trading links,trading goods and other aspects.These two kinds of cases should belong to the crimeof fraud.There is a causal relationship between the consumer's consumption and the perpetrator's fraud,but the consumer enjoys the cheap goods at a high price and suffers the property loss.Even if the perpetrator provides the real goods in the case of "alcohol trust" fraud,the inducement to the victim's consumption mechanism limits the victim's right of independent choice,and the victim's property interests are lost.The business places of such crimes are usually established for the purpose of committing crimes,the vast majority of which are committed by gangs.In a joint crime,"tuo tou" is the organizer of the crime,and the person who obtains the greatest benefit should be identified as the principal offender.Although "jiutuonv" is the main perpetrator of the crime,it belongs to a subordinate position in the criminal gangs and has relatively few benefits,which is generally considered to be subordinate They are accomplices who play an auxiliary role in the crime,such as "bugler" and "security guard".