Exploration Of A New Type Of Trianglefraud In Transaction Environment

As a special manifestation of the crime of fraud,triangular fraud not only means the increase of the number of parties,but also means that it is more difficult to clarify the criminal and civil legal relations,especially in transaction environment.When the perpetrator uses fraudulent means to cause the confliction of expected interests of trading parties that forms Rechtsschein Theorie,whether and how to accurately understand and apply the triangular fraud theory,so as to give consideration to both the maintenance of the unity of legal order and the protection of transaction security,is a problem worthy of further study.Therefore,this paper attempts to explore a new type of triangular fraud in transaction environment by taking the qualitative problem of QR Code Replacing Case as the entry point,and using research methods of literature research,case analysis,comparative research,conjecture verification,comprehensive induction and so on,in order to reasonably coordinate the relationship between criminal law protection and civil law protection of traders' expected interests,and provides a new possible way to properly determine the nature of a particular type of case.The text of this paper is divided into three chapters.Chapter 1 introduces that the background of exploring a new type of triangular fraud in transaction environment is that it is difficult to justify the multitudinous opinions on QR Code Replacing Case.This chapter systematically combs and objectively criticizes the multitudinous opinions on the qualitative problem of QR Code Replacing Case,that is,the camp of Theft Doctrine including General Theft Doctrine,Indirect Theft Doctrine and Triangular Theft Doctrine,and the camp of Fraud Doctrine including Between-the-two Fraud Doctrine,Indirect Fraud Doctrine,Two-way Fraud Doctrine,Traditional Triangular Fraud Doctrine and New Triangular Fraud Doctrine,as well as Theft & Fraud Doctrine,Embezzlement Doctrine and Innocence Doctrine,lay the groundwork for clarifying the key points of the qualitative problem of QR Code Replacing Case,and then finding out the coincidence point between triangular fraud and QR Code Replacing Case.Chapter 2 clarifies the basic problem of exploring a new type of triangular fraud in transaction environment,that needs to be solved,is how to understand and identify property loss from the perspective of civil and criminal law cross-cutting.This chapter first clarifies that whether to identify the object or the undertaker of loss,we should adhere to the unity of legal order,and specific analysis of the specific issues.Then,taking QR Code Replacing Case as an example,it proposes that the identification of property loss should be based on the protection of transaction security,starting from the perspective of civil law,and determined by applying Rechtsschein Theorie.Property loss of the case is the loss of seller's trade receivable and the right to petition of payment for goods.Then,from the perspective of criminal law,it verifies that available interest conforms to the characteristics of property legal interest.Then,through the reasonable interpretation and the reverse application of the objective structure of triangular fraud,it demonstrates that QR Code Replacing Case should be defined as fraud.Chapter 3 discusses that this paper attempts to construct a special triangular fraud in transaction environment,and preliminarily verifies it.This chapter starts with the link of "the deceived disposes of property",and preliminarily puts forward that in transaction environment there is a new type of triangular fraud,namely,special triangular fraud,the objective structure of which as follows: "the perpetrator commits fraud-the deceived goes wrong with cognition-the deceived transfers the subject matter of the contract available to the victim,and eliminates his right of petition to delivery or establishes the delivery obligation for him-the perpetrator takes the subject matter of the contract available to the victim-the victim loses the subject matter of the contract and loses his right of petition to delivery or commits to the delivery obligation." Then by preliminarily verifying the adaptability,suitability and applicability,it further illustrates that special triangle fraud is not only an abstraction of triangular fraud phenomena existing objectively in transaction environment,but also a generalization of fraud relations included in the special provisions of Criminal Law,and by using its objective structure,we can properly handle cases involving Rechtsschein Theorie under certain conditions.