The Act Of Disposition Of Victim In The Crime Of Swindling

The crime of swindling is a traditional crime type and also a common crime type in judicial practice.China’s criminal law theory has always attached great importance to the study of fraud.The development of science and technology and the rise of online payment have brought new challenges to the identification of fraud which is already controversial."The victim falls into the wrong understanding and discharges the property based on the wrong understanding" is the most important part of the basic behavior structure of the crime of swindling.Therefore,how to identify the victim’s disposition behavior is the key to judge whether the crime of swindling is established.Such issues as the determination of the substance of the disciplinary action,the specific contents of the subjective and objective aspects of the disciplinary action and the determination of the disciplinary authority need to be further discussed.In addition to the introduction and conclusion,the text is divided into four parts,about42,000 words,the general content is summarized as follows:The first part is the concept of disposition behavior.Firstly,this paper introduces the concept of act of disposition in the traditional view,analyzes the defects of the traditional view,and points out that the concept of act of disposition cannot be separated from the protection interests of the crime of swindling.Secondly,a new concept of act of disposition is put forward based on the protection interest of the crime of swindling.Finally,it is clear that the essence of disposition behavior is transfer possession.Therefore,how to interpret the concept of possession is the premise to correctly understand disposition behavior.Through the analysis of the traditional possession system,this paper summarizes the problems existing in the traditional view,and on this basis,makes a new interpretation of the concept of possession.Second,the objective side of disposition behavior.First of all,from the basic behavior structure of fraud,it is clear that there should be a causal relationship between act of disposition and cognitive error,otherwise the act of disposition is not valid.Secondly,this paper analyzes the difference between possession transfer and possession relaxation,and through the analysis of typical cases,establishes the criterion for distinguishing them.Thirdly,it summarizes the manifestation of disciplinary action,highlighting that disciplinary actioncan also be expressed in the form of inaction.Finally,from the different objects of disposition behavior,the difficult problems of disposition behavior in different objects are discussed.Third,the subjective side of disposition behavior.First of all,this paper introduces the main viewpoints on whether punishment consciousness is necessary in the theory of criminal law in China,and on this basis analyzes,pointing out that "the dispute over whether punishment consciousness is necessary" is a false proposition.Secondly,this paper introduces the main viewpoints of "to what extent should we recognize the content of punishment consciousness" in theory,and points out that "absolute strictness theory" is more appropriate through comparative analysis of various viewpoints.Fourth,the determination of disciplinary authority.First of all,from the Angle of triangle fraud,it is clear that the right of disposal of the victim’s property is an important condition for the establishment of disposal.Secondly,this paper introduces the dispute between the true and false proposition of triangle fraud in the criminal law of our country,enumerates the views of both sides,and through the analysis of these views,affirms the rationality of identifying triangle fraud as the crime of swindling.Thirdly,this paper makes a comparative analysis of the theoretical theories on the determination of disciplinary authority,summarizes the advantages and disadvantages of various theories,and puts forward a new standard for the determination of disciplinary authority.Finally,this paper introduces the new theory of triangle fraud proposed by Chinese scholars through the "two-dimensional code case",and puts forward criticism on the new triangle fraud types from different perspectives.