Study On Victim’s Fault In Crime Of Fraud

The offender and the victim in the crime of fraud "you come to me to" interactive continues from the behavior occurs to the result,the offender con means of hiding beneath the peaceful atmosphere,the victim because of various reasons failed to uncover the veil of behavior person to deceive and produce misunderstanding,aeriform in step by step "cooperate" complete fraud behavior person.It should be clear that "the victim falls into a wrong understanding" is one of the necessary elements for the crime of fraud,is the "result" of the perpetrator’s deception,and is the "cause" of the victim’s disposal(delivery)of property.In the specific crime of fraud,the victim’s fault is mainly reflected in failing to do the duty of care to protect their own property,and finally negligent not to protect their own property.The author thinks that the victim’s fault behavior reduces the protection of criminal law for the victim,which directly affects the criminal cost paid by the perpetrator in the crime of fraud.Therefore,the victim’s fault is bound to have a substantial impact on the liability of the perpetrator.However,the traditional research perspective tends to unilaterally take the crime as the breakthrough point,abandon the victim’s fault and the actor’s interaction in the interactive crime,and artificially sever the connection between the two.Moreover,the victim fault status is only one of the circumstances of discretionary sentencing,naturally lead to criminal practice can not get enough attention.Therefore,this paper intends to sort out the basic issues such as the concept and constitutive elements of the victim’s fault,take the victim as the entry point under the crime of fraud,and deeply analyze the specific performance of "victim’s wrong understanding" under this crime by referring to a large number of literature,including overview and identification standards.Comprehensive use of theory and practice of the method of judicial case analysis,in order to remind it again as a necessary element of the crime of fraud,should not be ignored,Finally put forward our country victim fault in practice theory and judicial practice optimization suggestions.