On The Disposition Of Property In The Crime Of Fraud

Swindle,larceny and embezzlement are very common crimes of acquiring property in judicial practice.When we distinguish swindle from other crimes of acquiring property,most of the previous theories and practices focus on deception.Although there are some references to punishment,there are many controversies,even whether the punishment must be different in the identification of swindle Voice.However,according to the general theory of criminal law,the disposition of property in the crime of fraud is an unwritten element,which plays a key role in distinguishing theft from fraud.However,with the rapid development of economy,the ways and means of property crime are becoming more and more complicated,especially in the practice of consecutive cases of theft and deception(including a large number of cases of crime of infringing upon property without knowledge of delivery),which makes scholars focus on the punishment behavior again.However,even if we affirm that property disposal is indispensable in the identification of fraud crime,it does not mean that we have reached a consensus on the issue of property disposal.There are still many different views on the subject of property disposal,the objective aspects of disposal behavior and disposal consciousness.According to the basic structure of the crime of fraud,the fraud of the perpetrator must make the victim fall into a wrong understanding,so the subject of property disposition of the crime of fraud should be limited to the natural person with disposition ability,and the machine and the person without disposition ability should be excluded.In terms of the scope of the subject of disposition: the disposer of the fraud between the two can be the owner(and the owner can also dispose of the property when he does not possess it),or the simple possessor;in the triangle fraud,the identity of the disposer and the deceived should be insisted,and the deceived is in the authority or position to dispose of the victim's property,so whether they possess it or not If the property is still unoccupied,the cheated can make a disposition.For the discussion of the objective aspect of the disposition,we need to affirm the position of the disposition in the necessary elements of the crime of fraud on the basis of the theory of possession transfer;on the issue of the disposition object,it is not difficult to find out that it is obviously reasonable to include the property interest in combination with the current legislative situation of our country and the systematic interpretation of the provisions of the criminal law;on the relationship between the disposition and other elements,In addition to the psychological causality between needs and cognitive errors,it should also be the direct cause of property loss.On the subjective aspect of punishment,if we want to distinguish the indirect principal offender of triangle fraud and larceny accurately,we should not only use camp theory,subjective theory,authorization theory and combine with the general concept of society to judge the authority and status of the punisher,but also insist on the necessary theory of punishment consciousness.In addition to providing an important standard to distinguish the indirect principal offender form of fraud and theft,the sense of punishment has other academic advantages in dealing with problems.Under the premise of insisting on the necessity of punishment consciousness,there is still a dispute between "strictness theory" and "mitigation theory" on the content of punishment consciousness.The mainstream view thinks that it is necessary to make a proper and broad explanation on the content of cognition,otherwise it will improperly narrow the scope of the establishment of fraud.