Advocacy Of Victims Of Procedural Meaning In Fraud Crime

The circulation of property relations is speeding up.In more and more new fraud cases,there are difficulties and dilemmas in victims identification.The crime infringes upon the property relations,but also causes losses to others.For criminal law,victim should occupy an important position.The confirmation of the victim's subject identity is the prerequisite.It is necessary to research on victim in related cases.As a participant of criminal legal relationship,the victim of fraud has both procedural and substantive significance.The victim theory does not go beyond the concept of victim,nor violate the legal provisions.And has the full basis in the legal,from the constituent elements,the victim as the object of being violated by the crime.Constructing the theory of procedural meaning victim can solve the problem of victim identification are not uniform in fraud cases.We can improve a research approach for academic debate,and provide a reference solution for dealing with the identification of victims in fraud crime in judicial practice.This paper includes three parts.The first chapter: clarify the concepts,and demonstrate the substantive meaning.According to the meaning of victim,procedural victim is sorted out.The concept ofprocedural victim can be constructed.Procedural sense victim is not directly infringed or not seriously infringed,but may bear the loss.As a participant in the criminal legal relationship,the victim identification has substantive meaning.The crime and property loss are related to it,which should belong to substantive matters.The identification of the victim should be after the discussion of property loss and before the crime determination.The second chapter:with the two-dimensional code theft cases,real estate disposal cases and two fraud cases,analyzes the reasons for the inconsistent identification of victims.According to the victim theory of procedural meaning,we should sort out the cases again and solve the practical disputes.In controversial cases,the person who bears the loss is not victim.Some courts hold that the ultimate loss undertaker is the victim,while others hold that the direct victim is the victim.Different victims,different accusations.The standard of judicial practice is not uniform,which has a bad impact on the public,and the judicial authority is also damaged.The basic meaning can not guide the identification of the victim in practice.Chapter three: further discuss the application of victim theory of procedural meaning in judicial practice.In addition to fraud,it can be applied in other cases.By the theory,those who suffer from direct infringement that is not serious can also be listed as victims of procedural meaning.It can solve crime and punishment and the distribution of property.Make up for the actual loss and identify the victim.Judicial practice staff need to make judgments based on legal norms,syllogism,facts and norms,combined with their own life experience and experience.