Research On The Punishment Consciousness In The Crime Of Fraud Under The New Payment Method

With the rapid development of Internet technology and mobile payment technology,new methods of committing crimes have emerged in fraud and theft cases.Compared with traditional property crimes,property in the information network space is complex and concealed.The new modus operandi makes it difficult to judge the nature of the case.There are big differences whether it is fraud or theft,which ultimately affects the determination of the crime.This article believes that the definition of sanction awareness of fraud crimes under the new payment method must be different from that of traditional property crimes.The study and reexamination of the sanction awareness of fraud crimes will directly affect the judgment of the crime.This article expands from the connotation of sanction awareness,related case studies,problem raising,and identification thinkingSo the thesis is now divided into four modules in total.The introduction of the first chapter indicates the topic that the author wants to study the results of Chinese and foreign research,the research purpose and methodsChapter Two,the concept of punishment consciousness in the crime of fraud is inseparable from the relationship between possession and misunderstanding.After discussing the concept of punishment consciousness,the first part summarizes the relationship with possession and misunderstanding.The second part of the three academic theories,the need for punishment awareness,the need for punishment awareness,and the compromise theory,conducted a detailed combing and serious analysis,and pointed out their respective advantages and disadvantagesThe third chapter compares the viewpoints of several mainstream theories through several typical cases.The "air ticket reservation case","two-dimensional code replacement case",and "Zang Jinquan theft and fraud case" are used to illustrate the difference between crime and non-crime,this crime and that crime.Use case analysis to demonstrate whether the above-mentioned theories are reasonable,and at the same time summarize the cases and combine theories to demonstrate the irrationality of current legal norms and judicial practices,and summarize the characteristics of such cases under the new payment method And the peculiarities of the changes in the punishment consciousness.There are conflicts between judicial practice and theory,and a point of view supporting the eclectic theory is reachedChapter 4,in order to solve the actual predicament,try to punish the victim from the perspective of disciplinary awareness in practiceConviction provides a path for identification.First of all,the concept of sanction awareness is recognized in legislation,and sanction awareness is explained in the provisions of the criminal law,which makes the crime of fraud more perfect.Secondly,distinguish different criminal acts and property types in specific practice.