On The Act Of Disposition In Crime Of Fraud

The crime of fraud is one of the most common types of property crimes in judicial practice.In recent years,with the increasing use of new forms of payment,there have been some new forms of fraud,such as the use of qr codes,alipay and We Chat.Appeared in the judicial practice inconsistent with the traditional crime of fraud of the theory and case,and the specific cases of fraud and theft problem such as the conviction of the dispute,which prompted the fraud as the research object of their choice.This paper mainly discusses several aspects of the disciplinary action in the crime of fraud from the perspective of the victim,draws on the research achievements of many predecessors,and enriches his own knowledge frame.Disciplinary actions,as one of the essential condition of the accomplished crime of fraud,is cheating,wrong and damage to property of a bridge,in the core position in the crime of fraud,its existence has important significance.This paper is divided into five parts,introduction,the subject of the introduction,the subject of the disposition,the subjective aspect of the disposition act--the disposition consciousness and the objective aspect of the disposition act--the transfer of the property and the conclusion.The introduction is mainly about the significance and basis of the topic,literature review and main research methods.The first chapter is the subject of the disposition act.The first part of the study is to avoid the confusion of the subject of the disposition act and the consciousness of the disposition act.In the first part,discuss the disposition scope,points out that no disciplinary action capacity cannot serve as disciplinary subject,whether the limited capacity of people according to particular case analysis can be used as a disposition,the body of the machine can be used as a subject to disposition actions.The secondpart,discuss disposition behavior main body rights and status,the main analysis to distinguish the crime of fraud and burglary of indirect accomplice,the distinction between behavior to decide how to dispose of the subject has the disposition of property rights and status.The second chapter,the subjective side of the disposition behavior--the disposition consciousness.In the second part,the author expounds his own viewpoint,points out his doubts about the need of disposition consciousness,and thinks that the disposition consciousness is not necessary to say more reasonable.Firstly,it contradicts the essence of the existence of the disposition consciousness,which is the need of the system interpretation,and clarifies the existence of the disposition consciousness,because the victim characteristics are not fully concluded.Secondly,the scholars who hold the disposition consciousness unnecessarily expand the interpretation of the content of the disposition consciousness,which causes the causality between the elements of the crime of fraud.Third,the disposition consciousness does not negate the voluntary nature of the action.Fourthly,scholars who are aware of the necessity of disposition consciousness have made mistakes in the function of various punishment consciousness.The third chapter,the objective face of disposing behavior--transfer property.This chapter is divided into two parts.The first part discusses the transfer of ownership and the transfer of possession.It is believed that the disposition in the crime of fraud must be transferred to the ownership of the property.The author rejects this view.We also talked about possession transfer.The rationality of possession transfer is analyzed and the negation of possession transfer is refuted.The second part discusses the special manifestation of property transfer and the illegal cause of payment.The conclusion part determines the disposition act in the crime of fraud.