A Discussion On The Problem Of Consciousness Of Disposition In The Criminal Fraud

New payment types such as cases of stealing other people’s QR codes and phishing link payment cases with gradually diversified payment methods are frequent,and the current theory of fraud crimes is also facing new challenges in coping with and identifying such new types of cases.Regarding the basic composition of the crime of fraud,the current mainstream view of China’s theoretical circles is that the punishment behavior in the crime of fraud should be a punishment made under the control of the sense of punishment.The act of disposition without a sense of punishment can hardly be called a punishment in the crime of fraud,because the person who disposed of the property at this time is only reduced to the unconscious criminal tool of the perpetrator.However,the theoretical basis for the interpretation of such disciplinary acts is the generalization of past fraud crimes and the transplantation of the theory of civil law disciplinary acts.If it is still required that the disciplinary act must be made under the control of the sense of punishment in order to have criminal law significance,it will make the determination of the crime of fraud in judicial practice subject to unnecessary restrictions,and it will also easily lead to confusion in the determination of the crime of theft and fraud in judicial practice.Although on the basis of adhering to the sense of punishment,many scholars have made different adaptive interpretations of new situations such as online payment,forming a strict sense of punishment necessity,limited mitigation of punishment consciousness,moderate punishment consciousness necessity,and compromise.However,there is still no consensus on basic issues such as the connotation of disciplinary awareness.In practice,based on different understandings of disciplinary awareness,different conclusions have been drawn about difficult cases such as the air ticket payment case,which has deepened the intertwining of fraud and fraud.In addition,in the face of situations such as lack of money for food and lodging and unwitting delivery,the persistence of disciplinary awareness also creates a penalty loophole and the possible danger of subjective conviction.In view of this,this paper argues that it may be more reasonable to judge the establishment of the crime of fraud by using the "disposition consciousness do not say" and judge the causal relationship between the dispositioner’s disposition,the perpetrator’s deceptive behavior,and the victim’s property damage.On the one hand,by directly judging the causal relationship between the disposition act,the deceptive act and the property loss to define the disposition behavior in the crime of fraud,and removing the restriction on the "awareness" of the disposition behavior,it can still play the original function of the disposition act to distinguish between the crime of theft and the crime of fraud,and further maintain the integration of the legal interests of each crime protection on the basis of not destroying the system of property crimes.On the other hand,objective disciplinary action will not eliminate the unique characteristics that distinguish the crime of fraud from other crimes.Whether it is the "self-inflicted characteristics" of the crime of fraud,the special provisions of the crime of fraud for special groups such as infants and young children,the mentally ill,or the distinction between the crime of fraud and the crime of theft,the core of the crime does not lie in the sense of punishment,but in other aspects such as the act of punishment,the general provisions of the criminal law,and the authority of punishment.As one of the most typical natural offenders,the determination of the crime of fraud should be based on social life experience.The general public can intuitively judge the crime of fraud through their own social life experience.When most citizens determine that a certain type of behavior is a crime of fraud,it is necessary to maintain a positive attitude in theory to explain the basic logic of the crime of fraud,so that the conclusions of the people can be consistent with the basic theory of the crime of fraud.