The Judicial Determination Of The Victim’s Sense Of Punishment In The Crime Of Fraud

In the crime of fraud,the perpetrator has carried out a series of cheating acts,the victim has been caught in the wrong understanding,in the case of misperception has made a certain disciplinary action,resulting in the loss of property results.The traditional view holds that the consciousness of punishment is very important to the crime of fraud,and it is necessary to advocate the consciousness of punishment,regardless of whether the object of punishment is the entity or property interests,the behavior of the perpetrator without the sense of punishment will be excluded from the crime of fraud,which may be established as the crime of theft or extortion,which is also the general thesis of our country and the view agreed with the judicial practice.Two other views have recently emerged: first,the sense of punishment do not say,the doctrine that the establishment of the crime of fraud does not require the victim to have a sense of punishment;However,there are some problems in the above two views,insist on the sense of punishment should not say that may lead to some conviction errors,can not effectively distinguish between fraud and other crimes.The compromise of the sense of punishment says that there is a specific distinction between the objects of punishment,but in many judicial practices,the object of the punishment cannot be clearly divided,and there may be some cases in which the not guilty name of the crime can be determined.Therefore,whether from the theoretical circle or from the point of view of judicial practice,it is necessary to claim that the consciousness of punishment can not only have a certain guiding significance to judicial practice,but also correctly determine the crime of fraud.The meaning and scope of the sense of punishment is the most important part of the study,the sense of punishment of the victims mentioned in the crime of fraud includes not only a clear understanding of the victim’s own disciplinary behavior,but also a clear understanding of the content of the victim’s own punishment,otherwise the crime of fraud will not be established.It is hoped that while in-depth study of the victim’s disciplinary behavior,the value of the sense of punishment can be further expounded,so that the necessary punishment consciousness can be better used in judicial practice.