On The "Disposition Consciousness" In The Crime Of Fraud

The disposition consciousness in the crime of fraud refers to the subjective cognition when the victim of the fraud crime is deceived by distorting the facts and handing over the property to the fraud perpetrator.In practice,it has become normal for the victim to be completely aware of the fact that his property has been transferred.In addition,with the development and update of new social payment methods,the opposition between "disposition consciousness must be said" and "disposition consciousness should not be said" needs to be resolved urgently to comply with fraud The essence of the crime is the purpose,combined with the structure of the punishment itself,the victim’s self-defeating and prudential negligence factors in the fraud,and the two-crime distinction function of consciousness,which basically determines the logical basis for the victim’s "disposition consciousness";unawareness of the entire transfer behavior Although it can be judged as a lack of disposition consciousness,there are many theoretical conflicts among scholars concerning the specific content of disposition consciousness.They are summarized as single element,double element and multiple elements based on the number of elements,and finally the disposition consciousness is defined as a pair of elements.The common cognition of "transferred possession","self-possession" and "specified property" is indispensable;the ultimate goal of the research is to serve practical needs and solve complex situations in reality.Identifying the awareness of disposition is equivalent to understanding the three types of waiting The specific determination of the content,when determining the meaning of possession transfer,if the transfer is a physical property,once possession is objectively transferred,the victim will have a sense of punishment;the transfer of positive property interests shall be subject to whether the victim is subjectively aware of the objective transfer of creditor’s rights;negative property Interest transfer,the creditor has no intention to transfer possession;in determining the intention of self-possession,it will form the intention of possession in specific,actual,continuous and presumed possession situations;in the private sphere,whether the manager is aware of the existence of the property in its domain or not,Are regarded as possessive meaning;if the existence of the property is not found in the public place,the meaning of possession cannot be generalized;the knowledge of property includes the knowledge of the type,quantity,weight and other attributes in addition to the value of the property,only when the perpetrator Only when deception is applied to these property attributes and the property attributes are used as the decision-making face of the punishment,can it be considered that there is a misunderstanding of the above attributes,and then the knowledge of the property and the consciousness of disposition will not be established.