Identification Of Property Losses In Donation Fraud Cases

There are great differences in whether special types of donation fraud can be included in the punitive scope of fraud,among which the most important discussion mainly focuses on the identification of property losses.It is generally believed that the basic structure of the objective elements of the crime of fraud is:the actor performs cheating--the other party produces（or continues to maintain）-the wrong understanding--the other party disposes the property based on the wrong understanding--the actor or the third party obtains the property--the victim suffers property damage.In the donation fraud,there are the elements of deception,the victim produces wrong understanding,and the victim dispose of property based on the wrong understanding.The most difficult problem to identify is whether the donation fraud property losses.Only by accurately identifyng the property and the loss,can there be the possibility of identifying the property loss,so it is necessary to define the "property"and the "loss" respectively.First,the property lost to the property is defined.There are three views in the theoretical circle of legal property,economic property,economic property of law.This article uses the economic property of the law to study the donation fraud cases.This theory comprehensively considers the property from the economic and legal aspects,which is more reasonable.Secondly,define the loss of property loss.In China’s criminal law academic field,the overall property reduction is mainly the opposition of individual property reduction.This paper believes thst it is not reasonable to use erther the overall property reduction or the individual property reduction,and advocates the revised overall property reduction,that is,the use of the overall property reduction to judge the loss and substantially defines the property loss through the objective purpose.The identification of property loss in donation fraud is determined by the type of behavior,so it is necessary to classify the donation fraud.The paper classifies whether the donation fraud actor pays the payment againsr the payment,which is divided into unilateral payment and bilateral payment donation fraud.Unilateral payment type donation fraud,due to fraud caused property loss,in the introduction of objective failure theory,the exception denies the existence of property loss at the realization of the expected social purpose,and the social purpose limit can be objective,has the objective purpose of economic value correlation.Useing echelon judgement theory to determine the loss of donation fraud,the value should be measured first,and then judged for objective purpose.Grasp the amount as the whole,check the donation record and the fund transaction record of the account to determine the total amount obtained by the actor.For those that cannot be verified or confirmed,the average per capita disposable income of urban residents of all provinces,autonomous regions and municipalities directly under the Central Government or the per capita net income of rural residents in the recent three years shall be taken as the calculation stndard.Then,the medical treatment expenses for social assistance will be deducted.In cases of unilateral payment donation fraud,the cost of medical treatment for the purpose of social assistance will be deducted.In the bilateral payment donation fraud,the equivalent value of the actor’s opposition to payment is deducted.