Research On Victim's Consent In Information Network Fraud

Introduced by case “Zang Jinquan Theft and fraud”,I am questioning the results of the Supreme Court.How to determine the crime of using information networks to Implement money intrusion.Does this behavior constitute a crime of theft or fraud?Then ask a question,how to identify the victim's consent in fraud which is using information networks.This paper chooses several related issues to study,including:Part one: Revealing the performance of the victim's consent of information network fraud.This paper believes that disciplinary action and disciplinary awareness are necessary for the establishment of fraud,and the combination of the two is the victim's consent to fraud.However,the deceived often lack of understanding of the transfer of property interests,if the acter use information networks to implement fraud.It is therefore difficult to determine that the deceived has the consent to dispose of property,which poses a great challenge to the identification of fraud.Part two: In the crime of fraud,there are two ways in which the victim's consent to agree,with awkward consent and innocent consent.The innocent consent is the consent to exclude the elements,and the awkward consent is the consent made by deception,which is the positive constituent elements of the crime of fraud.And exploring the justification basis and systemic status of the victim's consent.Because of the position based on self-determination,the concept of ‘the victim's consent'should be used and it is elements to exclude cause.Part three: Introduce the theory of Default Consent.Using this theory,you can conclude that Zang constitutes a crime of credit card fraud.The bank payment system is a system preset by the bank manager to reflect its consent.As long as the correct account password is entered,the default consent conditions are met.This is also a means for the perpetrator to deceive,causing the bank manager to misunderstand that the perpetrator is a legitimate right holder,generating misunderstanding and disposing of property.And using this theory can also solve the qualitative problem of third-party payment of money infringement,which has practical significance.Part four: Solve the problem of legal effects of the consent made by deception.Introduce different doctrines which proposed for crimes against personal rights.And these doctrines do not apply to crimes against property,especially in the crime of fraud using information networks.Therefore,it is necessary to introduce the theory Default consent to solve the problem.At the end of the article,it is a review and summary of the whole paper,including the structure of the text and the viewpoint of the discussion.At the same time,it also gives a certain prospect to the application of the victim's consent theory in the crime of information network fraud.This paper still has some shortcomings,and it only plays a role in attracting jade.