Research On The Regulation Of Donation Fraud

As a public welfare donation that is closely related to people's livelihood,fraud is common.This has an important relationship with the changeable cases of donation fraud and the complex boundary.We can have a clearer understanding of the equivalence relationship in the case,so as to identify property losses more conveniently,if we use the concept of the corresponding payment in property crimes.The corresponding payment as a payment or reward equal to money,quantify equivalence in activities involving donations,”money-the corresponding payment".One party gives money,and the other party gives some objective or subjective value.When two parties are equal,there is no fraud,and inequality may constitute a crime of fraud.The way to regulate donation fraud cannot be separated from the case itself.Through the vertical analysis of the case split,horizontal comparative analysis,can better grasp the characteristics of the case and the difference between the case.Slight changes in the cases of donation fraud will result in the uncertainty of the public welfare value and judgment standard.Therefore,the analysis of such cases will inevitably fall into the whirlpool of too many abstract concepts and the impartiality of the results of macro treatment is difficult to guarantee.By setting up a general evaluation procedure,we can provide a new idea for the settlement of donation fraud cases with the help of the corresponding payment,fixed amount of public benefit value and property as loss.In the context of risk control by the actor,It is necessary to conduct qualitative analysis of the case through three steps to establish a unified regulatory model for many types of donation fraud cases.First,judge the equivalence between money and the corresponding payment.Therefore,it can be divided into three categories:unilateral payment,economic transaction and mixed donation fraud.Unilateral payment of donation is the most common form of donation.Donors donate money to the recipients for certain public purposes.Recipients don't need physical feedback.Generally,the corresponding payment only contains the subjective public value,that is,to realize the public purpose of the donor.The corresponding payment in economic transaction of donation is that small public welfare donation is added in the general commodity trading process.Its main content is objective goods,and the added minimum contains public value,mixed donation also includes commodity trading and public donation,but the balance between the two is hard to discern.The corresponding objective value and supervisor value in the corresponding payment are difficult to direct quota.Second,judge property damage.Property damage is an essential factor in the property crime.When the corresponding payment is obviously less than the money,the property loss exists.Third,case analysis and balance should also exist in the judgment of donation fraud cases.In the corresponding payment of donation fraud cases,there are more or less subjective values,and the judgment of equivalence cannot be as accurate and clear as the objective value.Abstract value judgment,as the correction and supplement of the overall judgment of the case,is conducive to improve the rationality of the whole case evaluation.The method of the corresponding payment is a new way of thinking about donation fraud cases.It is undeniable that there are still some deficiencies in dealing with such cases,such as the premise that the risk must be controlled by the actor,and the influence of abstract concepts on the value balance of individual cases.On the whole,under the existing legal provisions,it sets the standard to identify this kind of behavior with the crime of fraud,and tried to sort out a unified thinking through the media of opposition to payment,which has certain practical significance.