| The victim’s misunderstanding is one of the key factors in the logical structure of the crime of fraud,which is a key factor in the examination and determination of the crime of fraud.In theory,there are two main views on its definition: the theory of important matters and the theory of facts related to legal interests.The theory of important matters holds the belief that "if the person knows the matter,he won’t make the decision",which will lead to a wide range of punishment;the theory of facts related to legal interests takes "the relevance of legal interests" as the standard,which will lead to a narrow range of punishment,so it is necessary to seek a more reasonable standard.Based on the doctrines of victims in the criminal law theories of Germany and Japan,this paper attempts to put forward a "comprehensive theory",which is based on the concept of legal interest relationship and takes the purpose of transaction as the substantive judgment standard,and according to the objective imputation principle of the doctrines of victims,to judge whether the fact of the legal interest infringement is borne by the victim himself or not.The suspect is not guilty if the victim should be responsible.Finally,using the logic of examination,the paper analyzes and confirms the wrong cognition of the victims in the cases of "alcohol trust","love tea","deceitful donation","defrauding state subsidies","exaggerated claim" and so on. |
