Research On Disposing Consciousness Of Criminal Fraud

The consciousness of disposition is an indispensable element in considering fraud as an interactive property crime.In the crime of fraud,due to the fact that the deceived person fails to fulfill the cautious duty of care,he mistakenly disposes his property under the fraud of the perpetrator,which in turn results in the loss of property.The consciousness of disposition in the crime of fraud is an element viewed from the perspective of the deceived,and such subjective consciousness of disposing the property must be discussed when judging whether an act can be evaluated as fraud.Otherwise,it will not be able to explain that the crime of fraud is a crime related to property delivery based on the will of the victim.In criminal substantive law and judicial interpretation,the act of the deceived person disposing property under wrong understanding is not a legal consideration for reducing the illegality of the perpetrator's behavior.However,in order to investigate and argue for the facts of the case in the judicial practice,the fault of the deceived is usually the inevitable fact to be proved in the case,and it is an essential evidence that determines whether the perpetrator commits this or that crime.It cannot be regarded as the result of a disposition act even though property loss occurs if it is impossible for the deceived person to have a wrong understanding or there is misunderstanding but with a lack of apparent voluntariness in the consciousness of disposition,so such apparent voluntariness constitutes an essential factor in the crime of fraud.The law has its charm irrationality and distinction between right and wrong,so that it can play a normative and guiding role.The preventive function of the criminal law not only targets the perpetrator and all those who may have criminal thoughts,but also orients to the victim and the general public,with the expectation that the potential deceived person would fulfill the cautious duty of care in the future.Therefore,the consciousness of disposition in standardization plays a role of crime individualization as an necessary element of distinguishing the crime of fraud from other property crimes.The crime of swindling belongs to the property invasion crime,and the punishment claimed by the victim must be limited to the property,rather than all the objects that the criminal intends to infringe.Only in this way can it meet the protection requirements of the property interests of the victim provided in law.In terms of the content of the punishment claim,opinions held by advocates of strict punishment and those of moderate punishment vary,which leads to the inconsistency in identification of the content scope of the punishment claim,thus affecting the determination of the nature of property invasion crime.Therefore,how to define the content of punishment claim in a scientific and reasonable manner also plays an equally significant role in determining the nature of related property invasion crimes.