A Study On The Awareness Of Disposition Of Victims In The Crime Of Fraud

In the crime of fraud,the victim's sense of punishment is often regarded as the important characteristic of distinguishing the crime of fraud from other property-type crimes.This is also the position adopted by the general statement of our country's criminal law.However,with the emergence of new payment methods such as online banking and Alipay,various new criminal methods are also varied.For example,some criminals use victims who are not familiar with the operational processes of such payment methods and use certain deceptions to enable the other party to transfer money to criminals without a sense of discipline.Because such cases appear to be fraudulent,many scholars believe that the perpetrator constitutes the crime of fraud.However,according to the general statement,in this category of cases the victim does not have a sense of disposition,so it is not in essence the basic structure of the crime of fraud.Therefore,whether the victim's sense of punishment is necessary,in the academic circles has a dispute,and thus extends the awareness of disposition necessary to say and the sense of punishment do not say the two main doctrine factions.Since then,the debate on the necessity of awareness of disposition has become a hot issue in the academic circles.Taking some typical cases in judicial practice as the perspective of cutting into the perspective,this paper analyzes and discusses the basic logical structure of the crime of fraud,the related theories and the various controversial problems existing in it,and explains the necessity of insisting on the necessary statement of the awareness of disposition by contrast,thus establishing the dominant position of the necessary theory of the awareness of disposition.On this basis,in order to further improve the content of the necessary say of the awareness of disposition,make it more scientific,this paper makes an in-depth study of the awareness of the awareness of disposition,hoping that by summarizing the views of each theory,and finally achieve the effect of optimizing the necessary theory of awareness of disposition.This paper mainly focuses on the following contents:First,the case analysis way to lead to the problem,pointed out that the current judicial practice of the need for awareness of disposition is different,which leads to the discussion of the necessity of disciplinary consciousness.This paper mainly from the introduction of the relevant theory,that is,the necessary theory of awareness of disposition,the awareness of disposition not to say and compromise,respectively,to assess the strengths and weaknesses of each theory,and finally on account of the above content spution of the author's point of view,affirm the scientific properties of the necessary awareness of disposition,these three angles to complete the discussion of the necessity of the awareness of disposition part.Secondly,on the basis of adhering to the necessity of awareness of disposition,this paper will further discuss the specific content of the awareness of disposition,including the connotation of the awareness of disposition and the definition of structure.In this part,this paper adopts the combination of scholars' point of view induction and case discussion,and analyzes the rationality of the application of different point of view in judicial practice,so as to make an accurate and scientific definition of the proper meaning and constituent elements of the awareness of disposition.Finally,this paper puts forward the question of the degree of awareness of disposition.This problem belongs to the research content of the connotation of the awareness of disposition,because the internal necessity of the awareness of disposition,the degree of the awareness of disposition is more controversial,so it is put forward from the second part,set up the third chapter to study it specifically.This part also introduces the controversy on the issue of awareness in judicial practice by analyzing typical cases,so as to clearly study the necessity of this issue.Then on the necessity of the awareness of disposition of the two views,that is,strictly speak and detente the theme of the introduction,and on the basis of the evaluation of the two,put forward the views of this paper.The author hopes that through this study,for the realization of justice in judicial practice to provide a good theoretical basis.