Research On The Disciplinary Actions In The Crime Of Frau

With the vigorous development of the socialist market economy and the increasing replacement of scientific and technological products and information equipment,the main contradiction in the primary stage of socialism in our country has been transformed into the contradiction between the people’s ever-growing needs for a better life and unbalanced and inadequate development.Rooted in the current reality of China,the continuous changes in social productivity have led to a rapid increase in social material wealth,and with it,the diversity of fraud and criminal methods.An endless stream of fraud methods have sprung up like mushrooms after a spring rain,which constantly poses difficulties for the identification of fraud crimes in judicial practice,and also poses new challenges to the research on the controversial identification of fraud crimes in criminal law theory.It can be said that the contradiction in the determination of the punishment of fraud crime in the field of criminal law theory exists in every link.Although its judgment process has been turned back and forth,it is a problem that must be faced when determining the crime of fraud.This paper explores whether the disciplinary action is necessary for the establishment of the crime of fraud,and whether the subject of the disciplinary action includes a legal person,and at the same time discusses the possibility of machines being deceived.First of all,it is determined that the disciplinary action is one of the necessary elements for the establishment of the crime of fraud,and based on this,the scope of the subject of the disciplinary action is defined.Legal persons and unincorporated organizations should not be the subject of disciplinary actions,and machines have the ability to recognize and distinguish under certain conditions,and there is also the possibility that machines can be deceived in legal relationships.In the face of the background of the times when the development of the new era has bred new means of payment,and at the same time,countless criminal means using technology as a tool have been born.The sense of punishment has been questioned and challenged.This article will first analyze the necessity of punishment awareness,do not talk about punishment awareness and the mitigation of punishment awareness,and explore the rationality of the necessity of punishment awareness in reflecting the self-destructive characteristics of fraud crimes,and the distinction between other crimes such as indirect crimes of theft and other crimes.place.Then,aiming at the special form of disciplinary behavior,we discuss the identification of disciplinary behavior under special circumstances,in which the new payment method is combined with the analysis and induction of the complete disciplinary behavior identification theory,and the disciplinary behavior in the special form is explored in the complicated situation.identified.