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On The Sanction Consciousness Of The Crime Of Fraud

Posted on:2020-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhengFull Text:PDF
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With the alienation of the network of traditional property crimes,the victim's disposition awareness should be re-emphasized for the important role of the establishment of the disposition and even the crime of fraud.The discussion of disposition awareness should be carried out at least in two levels:the first level is the problem of whether disposition awareness is necessary,and the second level is the problem of the clarity of awareness.The two are a two-sided relationship.Regarding the question of whether disposition awareness is necessary,there are theoretically necessary disposition awareness,not of disposition awareness,and distinction between the three viewpoints.The crime of fraud should be determined to adhere to the necessity of disposition awareness.First of all,the disposition of fraud is the result of the unity of subjectivity and objectivity.The objective behavior and subjective awareness of the disposition are all indispensable elements.Secondly,disposition awareness is essential to the nature of fraud and its distinction from crimes,especially theft.Property disposition is the act of the disposition person who has been caught or maintained misconceptions by deception to transfer property.In view of the basic composition of the disposition behavior,the normative and structural basis of the disposition awareness should be analyzed from the perspective of deceiving,misunderstanding and disposition authority.Disposition awareness must be based on the ability of awareness,and the unconscious person can not be disposition person of the crime of fraud;the misunderstanding caused by deception is the premise of disposition awareness,fraud causes or maintains misunderstanding,misunderstanding causes disposition awareness,the two layers of causal links are interlocking and indispensable.The disposition awareness should be based on the disposition power,and the property disposition should have the right or position to dispose of the property;the disposition awareness should be based on voluntary,thus distinguishing it from the forced disposition in other crimes.Regarding the content of disposition awareness,the academic circles have strict and modification theory,and the degree of modification within the mitigation is not the same.Strict speaking is absolutely to say that the disposition awareness is necessary,but this absolutely mechanically limits the scope of the crime of fraud.The tempering of too compromise is not the same as the not of disposition awareness.The content of subjective disposition awareness should be determined by the components of objective disposition behavior.The essence of objective disposition action is that the disposition person implements the transfer of property,and the disposition awareness means that the disposition person realizes that he is carrying out the transfer possession.This determines the content of the disposition awareness has three elements:First,the specific possession.Second,the understanding of transfer possession.Third,the recipient of the property.Under the condition of online payment,there are many cases in practice involving the judgment of disposition awareness and the qualitative dispute is large.This article selects several typical cases,such as input activation code transfer cases,Trojan horse link infringement cases(including "phishing website" type and "one yuan Trojan" type of wealth infringement case),as well as stealing receipt code cases,etc.,from the perspective of disposition awareness to analyze and respond to qualitative disputes to further clarify the application of theory.
Keywords/Search Tags:Crime of Fraud, disposition action, disposition awareness, content of disposition awareness, property transfer
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