The Determination Of Fraud Crime In The Context Of Victims' Suspicion

The general theory of the construction of the crime of fraud stipulates that "the victim's cognitive error" is an important component.In reality,the subjective cognitive state of the victim is not absolute.The victim often disposes of property under the control of the skeptical attitude,which challenges the traditional thinking of the crime of fraud.The suspicion of the victim can be divided into three categories:inner conviction,vague doubt and concrete doubt.When the victim is convinced of the deceitful content of the perpetrator,of course,it belongs to the constituent elements of cognitive error,and the slight degree of doubt will not affect it;when fuzzy doubt arises,due to the lack of clear and verifiable content which contradicts the existing knowledge,the victim is ultimately dominated by the cognitive error,and will not affect it;when the victim has specific and clear doubts about the facts,which may lead to the defect of causality and affect the determination of fraud.In essence,victim's suspicion belongs to a kind of victim's self trapped risk,which embodies the victim's free control over his own property legal interests in the crime of fraud.Behind it is the legal basis of the victim's right of self-determination.As a typical interactive crime,the behavior structure of the crime of fraud emphasizes the relationship between the deceitful behavior of the perpetrator and the cognitionerror of the victim.In the process of identifying the crime of fraud,we should examine it one by one,and deduce the existence of the cognition error from the result of disposing the property,so the traditional view of ignoring the effect of the suspicion of the victim is not rigorous.At the same time,the victim dogmatic tries to solve the problem by limiting the interpretation of the constituent elements,and the principle of victim's self accountability puts forward that the victim should answer the specific doubts from the perspective of objective accountability.According to the historical tradition and the demand of criminal policy,the effect of victim's suspicion should be carried out carefully.Only under the specific doubt,in the specific field of investment,speculation outside the law and illegal field,the victim doubt has the effect of influencing the illegal identification of fraud.The main contents are divided into three parts:The first part is the summary of the victim's suspicion.This part combs and clarifies the concept and connotation of victim suspicion.The victim's suspicion refers to the special state of knowing that he has uncertain inner feelings about the contents of fraud and doubts the so-called facts,but can't draw a convincing conclusion through the existing information,and hesitates between denial and trust.It can be divided into three levels: "inner conviction","fuzzy doubt" and "concrete doubt".The victim continues to dispose of the property under the circumstances of holding specific doubts,which is essentially a self risk behavior.In the self trapping risk scenario,many theories put forward that the participation of the victim plays an important role in the determination of the perpetrator's illegality,so the suspicion of the victim has an important influence on the constitutive requirements of the crime of fraud and the judgment of the perpetrator's illegality.The second part is the inspection of the constitutive requirements of the crime of fraud.In this part,through the analysis of the three elements of fraud,cognition error and property disposal,it is clear that the cognition error of the victim plays an important role in the identification of fraud,and the suspicion of the victim will affect the judgment of the conformity of the elements of cognition error.The traditionalpoint of view acquiesces that there are flaws in the way of deducing the victim from the disposition of property.The third part explores the specific identification of the crime of fraud in the context of the victim's suspicion.This part starts from the victim's self accountability principle and the victim dogmatic,and analyzes the limitations of the existing self accountability principle and the way to limit the interpretation of the constituent elements in the application,the lack of applicable philosophical basis and the violation of the needs of criminal policy.In terms of the specific effect,it is emphasized that the duty of care of the victims in the field of life should not be added,but the duty of care in the field of investment should be further standardized.The specific suspicion of the victims has the effect of preventing the establishment of the crime of fraud in the field of speculation and illegal areas.