Research On The Punishment Consciousness Of Victims In Crime Of Swinding

The nature of unknowing delivery cases under the new payment methods depends on how to understand the disciplinary actions of aggrieved party in fraud crimes.According to the constitution of fraud crimes,disciplinary actions can be divided into objective disciplinary actions and subjective disciplinary awareness.The condition for the conviction of fraud crimes is that there shall be a transfer of possession of property,and there is not much controversy for it in the academic circle.The controversy mainly focused on the subjective aspect: whether to admit unconscious disciplinary actions.Theoretically,depending on whether the aggrieved party has disciplinary awareness for a specific property at the time of delivery,there is a controversy between “the need for disciplinary awareness(general)” and “the no need for disciplinary awareness”.The former believes that the conviction of fraud crimes requires the aggrieved party realizes that scammer is transferring his property possession;the latter claims that the conviction of fraud crimes only requires the scammer objectively has the behavior of transferring property,regardless of subjective consciousness.The conviction of fraud crimes shall be based on the aggrieved party’s disciplinary awareness.Whether the disciplinary object is property or property interests,the disciplinary awareness is an indispensable element for the conviction of fraud crimes.Adhering to “the need for disciplinary awareness” must be said to be decisive for distinguishing theft and fraud.It is helpful to accurately analyze the nature of various deceptive behaviors in the fraud crimes and other acquisition-type property crimes and avoid penalty loopholes.It is necessary to consider the content of the disciplinary awareness.Different understanding of the content of disciplinary awareness will directly affect the judgment of it.There are two viewpoints of the content of disciplinary awareness: the theory of strict disciplinary awareness and the theory of moderate disciplinary awareness.“Strict theory”requires the aggrieved party to have a comprehensive understanding of the nature of scammer;“moderate theory” requires the aggrieved party to recognize the change in appearance of scammer.The logic of the “strict theory” regarding the content of discipline is unreasonable and this theory has a big gap between theory and practice because of its own flaws.The“moderate theory” that the content of disciplinary awareness shall be understood in a flexible way has gradually developed into the mainstream.For crimes of property,the aggrieved party requires making it clear that what is penalized is a“specific”property.As long as the aggrieved party recognizes the transfer of possession in the “overall appearance”,he can be deemed to have disciplinary awareness,and he is not required to have a precise understanding of the nature of the specific content.For property interests,the aggrieved party shall be aware of the transfer of the benefits he enjoys to the other party,but does not require the meaning of final transfer.