Study On Dispose Of Consciousness In Crime Of Fraud

With the development of society,the means of fraud crimes are constantly updated.In the frequent cases of theft and fraud,the perpetrators’ criminal means are becoming more and more confusing.Practical departments also have differences in the identification of fraud crimes,and the differences in the characterization and judgment of many fraud cases focus on whether the victim needs to have a sense of punishment when disposing of property.Although the awareness of punishment is not clearly defined as a component of the crime of fraud,the research on awareness of punishment is particularly important because different understandings of the necessity of awareness of punishment and related content affect the determination of crime of fraud and the distinction between it and other property crimes.important.The academic debate on the issue of punishment awareness in fraud crimes has not stopped,and there is still no unified consensus.Regarding whether the sanction awareness is necessary,the statement on the necessity of the sanction awareness advocates that the establishment of the crime of fraud should take the victim’s sanction awareness as a necessary condition;on the contrary,if the sanction awareness is not to be said,they hold a negative attitude towards it,thinking that it is enough to judge whether there is a disciplinary action;That said,it should be considered on a case-by-case basis.The latter two views are both unreasonable to a certain extent,and the sense of punishment should not be unreasonable.It is easy to confuse the determination of the crime of fraud and theft,and it goes against the inner attitude of the victim.In line with our country’s legislative reality.In this regard,we should continue to adhere to the necessity of disciplinary awareness.Adhering to the necessity of sanction consciousness is the implementation of the legislative purpose,and the existence of sanction consciousness as a subjective aspect of sanction behavior is the requirement of the basic structure of the crime of fraud.The dissertation further explores several major elements in constructing punishment consciousness: the main body of punishment consciousness must have general conscious cognitive ability,the generation of punishment consciousness is based on the basis of misunderstanding,and it should reflect voluntarism,and the punishment person has the punishment authority.In order to give full play to the role of punishment awareness,the determination of the content of punishment awareness is essential.There are also two views on the content of punishment consciousness,one is the strict punishment consciousness theory,and the other is the moderate punishment consciousness theory.Strictly speaking,the requirements are more mechanical,while moderating theory is internally contradictory.Both of these views have their own flaws,and the strict argument of "restriction" can solve this problem to a certain extent.The strict argument of "restriction" advocates using a dual perspective to identify the content of sanction consciousness,considering the above two in a comprehensive manner,and proposes corresponding standards.Regarding the determination of the crime of fraud in the context of the third-party payment platform,it is also necessary to insist on the awareness of punishment,and on this basis,the strict standards of "restriction" should be used to ensure the consistency of judicial practice.to ensure the consistency of judicial practice.