Research On The Identification Of Donation Fraud Property Loss

Donation fraud is a high incidence of fraud in recent years,especially through the use of mobile Internet and other emerging platforms to publish charitable fund-raising information fraud cases in recent years.There are different views on whether donation fraud can be included in the scope of criminal punishability of fraud.The key lies in whether the victim is required to realize that his property disposal will produce the effect of property loss.Therefore,the key to the punishability of donation fraud lies in how to accurately identify the property loss of the crime of fraud.When the property loss is established,the legal interest of property is infringed.Therefore,there are mainly disputes among the concepts of legal property,economic property,law and economic property.This paper adopts the eclectic theory of legal and economic property in the concept of property.The whole property theory is adopted in the judgment of property loss.On this basis,the paper examines the property loss in donation fraud cases.This paper divides the donation fraud into two types: "consideration type" and "non consideration type",and discusses the criteria and thinking path for determining the property loss of each type of donation fraud.In the case of "non consideration" donation fraud,we can directly adopt the "purpose failure theory" to identify property loss;in the case of "consideration" donation fraud,we should use the step judgment method to carry out two-level test.First of all,we judge the relationship of consideration,and then identify the objective purpose when the relationship of consideration is unbalanced.Finally,the paper discusses other special problems in the determination of the property loss of donation fraud.This paper is divided into four chapters,the ideas are as follows:The first chapter is an overview of donation fraud.First,based on the basic viewpoint of property loss in the crime of fraud,this paper discusses the concept of "property" and "loss" in the property loss of the crime of fraud.Based on the legal,economic property theory and the whole property theory,this paper discusses the donation fraud.After that,reference scholars defined the connotation of donation fraud,and compared it with the related concepts such as fraud,begging fraud,religious material taking behavior,etc.,to determine the connotation of donation fraud,and make a classification of donation fraud according to whether there is economic transaction between the actor and the opposite party in the process of fraud as the dividing point;secondly,in the investigation of China After the current situation of external regulation and similar judicial practice in China,it is found that there are problems in the determination of property loss in donation fraud cases.The second chapter is to investigate the problem of property loss identification in "non consideration" donation fraud cases after the classification of donation fraud cases.The typical cases of donation and subsidy fraud belong to the non consideration type of unilateral payment.First of all,after investigating the typical cases in practice,we find that it is difficult to identify the property loss of such cases.In the simple donation behavior,the actor does not want to get the corresponding consideration.There is a heated debate in the theoretical circle about whether the actor has suffered property loss.Therefore,the theory of "goal failure" is put forward,which holds that even if there is cognitive self damage,when the donor’s goal is not achieved,the property loss will be affirmed.However,there are some functional deficiencies in the theory of goal failure,which need to be corrected and then standardized.The third chapter is to classify the cases of donation fraud and then investigate the problem of property loss in the case of "consideration" donation fraud.First of all,the paper analyzes the typical events in Germany,Japan and China,and sums up the difficult problem of identifying property loss in "consideration" donation fraud cases.When donation,subsidy and economic transaction are mixed together,there is a "consideration" donation fraud case.For this kind of cases,there are deficiencies in both positive and negative theories.In this regard,we need to make "Echelon judgment".First,we need to judge the equivalent relationship between the economic value obtained from the transaction and the disposal of property.If the equivalence relationship is balanced,it can’t be regarded as property loss;only in the state of the imbalance of the inferior relationship can there be property loss,so we need to use the objective teleology to confirm.The fourth chapter discusses other special problems of property loss in donation fraud cases.One is the specific identification of the amount of property in donation fraud cases.The typical donation fraud cases based on the Internet have the characteristics of "small amount" and "stakeholders",which are different from the traditional donation fraud cases.In this regard,we should learn from the theory and judgment of "small amount fraud" in Japan.And combined with the relevant judicial interpretation of our country to make the determination of the amount.The second is to discuss the relative people’s awareness of property loss in donation fraud cases.The special feature of donation fraud is that the perpetrator is conscious of the property loss he will suffer,which is different from the typical fraud.There is a dispute between the need to say and the need not to say in the academic circles.This paper is based on the view of not to say throughout the whole paper.