Research On Judicial Identification Of Triangle Fraud Case

Triangular fraud is a special form of fraud.It separates the role of the victim and the victim in the traditional crime of fraud,which not only means the increase in the number of parties,but also means that the legal relationship between legal subjects is more complex.Especially at present,in the context of legal person system,with the improvement of the informatization level of the whole society,the means of financial payment are constantly enriched,and the form of triangular fraud is also constantly changing.In the whole criminal form,after mixing the concepts of "appearance of rights" and "elimination of rights" in the field of civil law,whether the triangle fraud theory can be accurately understood and applied,and whether the judicial fairness and transaction security can be taken into account is a difficult problem in the current criminal law academia.Based on this,this paper attempts to take judicial precedents as the foothold,on the basis of accurately understanding and applying various theories of triangular fraud,conduct empirical analysis of triangular fraud cases in the field of judicial practice,and comprehensively use case analysis,literature research,comparative research,comprehensive induction and other research methods to analyze and sort out the judicial disputes in practice,with a view to finding the agreement with relevant criminal law theories,To provide a feasible way to properly handle relevant criminal cases.This text is divided into four chapters.The first chapter summarizes the criminal law theory of triangle fraud.This chapter accurately defines the meaning of the concept of triangle fraud through systematic sorting,and sorts out the objective structure of the "five links" of triangle fraud through disassembling the concept of triangle fraud,that is,"the perpetrator conducts fraud-the deceiver makes cognitive errors-the deceiver disposes of property based on cognitive errors-the perpetrator obtains property-the victim suffers property losses".On this basis,the behavior characteristics of triangle fraud are summarized and analyzed.Analyze various theories and theories of triangular fraud,list and analyze different types of triangular fraud,and summarize different controversial points of theories in the theoretical circle,so as to pave the way for finding the convergence of judicial cases and theoretical theories.The second chapter is about the judicial identification of triangle fraud cases.Mainly in combination with specific judicial cases,especially the judgment documents of criminal cases of "different judgments in the same case" in the first and second instance,and focus on reviewing and sorting out the controversial points of judgment,including the unclear determination of the punishment authority of the deceived in the traditional field,how to unify the standards on whether the machine can be deceived in the case of credit vouchers,and how to apply the litigation fraud in the case of arbitrage loan,And the hot and difficult issues in judicial practice,such as how to determine the nature of the case of stealing QR code.At the same time,it analyzes and examines different theories and theories.The third chapter is to analyze the identification criteria of triangle fraud cases,seize the key node of the power and status of the deceived person in the triangle fraud cases,clarify the source of the power of the deceived person to dispose,and adopt the revised authorization theory,that is,in addition to the agency authorization,there are also factual authorization,so as to clarify the boundaries between the triangle fraud crime and non-crime,this crime and that crime(mainly theft).