| The crime of fraud is a kind of relational crime which needs the interaction between the actor and the victim.The participation of the victim in the crime of fraud is high,so it is very important for the identification of the crime of fraud that the victim of the crime of fraud falls into the error of cognition.Once the problem occurs in this link,the causal chain of the crime of fraud is interrupted,and the complete completed crime of fraud cannot be established.However,in theory and practice,it is often ignored that the victim falls into the independent position of cognitive errors.The content,scope,degree and judgment of the victim’s cognitive errors have not yet formed a unified standard.In judicial practice,there is no normative evaluation of the constituent elements of the victim’s misconception.Most of the judgment documents focus on the behavioral characteristics of the perpetrator,the purpose of illegal possession and the link of the victim’s delivery of property.The reasoning of the victim’s misconception is not thorough.Paying attention to the independent status of victim’s cognition error and exploring the related problems of victim’s cognition error will help to better implement the principle of legal interest protection and maintain the modesty of criminal law,limit the legal network of fraud,help the judicial organs to accurately identify fraud in practice,and flexibly handle various new types of fraud cases.The study of the victim’s cognition error in the crime of fraud,first of all,we must define the victim’s cognition error in the crime of fraud.The core of the victim’s cognition error is related to the legal interests of the crime of fraud and takes the disposition of property as the content.The cognition error can be divided into three types:complete cognition error,partial cognition error(a certain degree of reasonable error)and avoidable cognition error.Secondly,it is necessary to clarify the independent status of the victim’s cognition error,analyze its necessity,and adopt empirical analysis and other research methods to analyze the reasons involved:fraud;A total of 176 criminal judgments with wrong cognition are statistically analyzed to understand the judicial status quo of the application of the victim’s wrong cognition and summarize the causes,so as to find out the problems existing in the application of the victim’s wrong cognition in judicial practice.Finally,the degree and judgment of the victim’s cognitive error are studied.The relationship between the victim’s suspicion and the victim’s cognitive error and the judgment of the victim’s cognitive error are analyzed from the perspective of traditional theory and the victim’s creed theory.The rationality and possible problems are analyzed.The comprehensive judgment standard from the actor-victim two-dimensional perspective is proposed,and the independent status of the constituent element of the victim’s cognitive error is reaffirmed. |
