On The Victim 's Fault In The Crime Of Fraud

The crime of fraud is a kind of crime which is the most obvious feature of the interaction between the perpetrator and the victim. It is completed in a peaceful atmosphere through the active cooperation of the victim. If there is no victim "in the wrong understanding" and "voluntary" delivery property in any ring, even if another superb acts of deception crime can not be the crime of constitute the crime of fraud. In the specific form of fraud can generally be understood as the victim for negligence and without good protection for their property, or can be understood as being due to failing to self preservation property of a duty of care to the perpetrator succeeded to cheat the victim’s property.The first part, by the characteristics of the crime of fraud, the fault of the victim, victim fault in the crime of fraud of the concrete manifestation form were discussed, on the fault of the victim in the different academic perspectives to make different interpretations of the induction and comparison and draw their own conclusions. On, aims to introduce the theme and reveal the crime of fraud in the victim’s fault is mainly refers to the negligence and fail to fulfill their duty of care.In the second part, this paper expounds the research on the fault of victim theory basis and the value pursuit, respectively from the basis of legal philosophy, crime adapt principle, the criminal law of limited resources and educational function of comprehensive four aspects, hope to study the crime of fraud of the victim fault can be basic theories and explain the significance of the research.The third part, respectively from the crime of fraud in the victim fault structure and type of launches the elaboration, describes the elements part is divided into two parts of form and essence, form elements to explain the two most valuable problems that the subject is the existence of a causal relationship between understanding and ability to control and the fault of the victim and criminal cases, substantial elements including the victim fault beyond the considerable social, and the blame is with the anticipated possibility. In the part of the victim fault type, divided into the standard of fraud risk and the victim fault in the conviction and sentencing of the actual role of two different criteria to make a different division.The fourth part is the most important part of this paper, we first analyze the theory on the fault of the victim are affect the conviction and sentencing of legal effect, and by drawing lessons from the foreign legislative experience of the crime of fraud in our country in the victim’s fault to give law of proposed legislative proposals, this for the unification of law applicable standards, reasonable limit the discretion of the judicial personnel smoothly judicial standardized operation, realize sentencing justice, and improve the credibility of the court and the authority has significant and positive significance.