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Research On Suspects Of V Ictims In Fraud

Posted on:2021-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChengFull Text:PDF
GTID:2416330602477164Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the rise of victimology,the role of victims in crime has attracted attention in the field of criminology.Later,scholars in the criminal law community began to pay attention to whether the victim's behavior could rule out the perpetrator's illegality.Fraud crime as a typical interactive crime,should pay attention to the role of the victim in the crime,especially in the case of the victim's suspicion of delivery,the role of the victim in the attempted form of fraud.Victim suspicion,as a key factor that affects the victim's misunderstanding and the perpetrator's unlawful identification,should be taken seriously by the theoretical community.In this article,by combing the connotation,generation and development of the victim's suspicion,and the theoretical background,the connotation and positioning of the victim's suspicion are clearly determined,and the conditions for the victim's specific suspicion are established.Theoretical support.Secondly,it analyzes the controversy of the victim's suspicion research in the crime of fraud.First,the victim's suspicion is in dispute with the victim's misunderstanding.Second,the victim suspects disputes affecting the nature of the fraud and the attempted form.By analyzing these two problems in detail,it provides the basis for the solution path of this article.The delivery of the victim's suspicion is a problem that cannot be ignored in the crime of fraud,and should theoretically respond to it.There are some problems in domestic traditional theoretical research.The views of the victim's creed do have some references to this,but there are also some problems that we cannot apply mechanically.The author believes that it is necessary to change the single-dimensional model of traditional criminal law theory focusing only on the perpetrators,and to learn from the reasonable elements of the victim's creed,to establish a "perpetrator---victim"dual-dimensional model.For the behavior of delivering property in the victim's suspicion in the crime of fraud,from the two-way analysis of the victim and the victim,more accurately determine the responsibilities of the perpetrator,standardize the identification standard of the victim's specific suspicion,reasonably define the scope of the victim's specific suspicion,and analyze the victim Different areas have specific doubts about the legal effects of delivery.The author believes that the criminal responsibility of the perpetrator should not be determined across the board regardless of the occasion when the delivery is made under the specific suspicion of the victim.It is necessary to consider the particularities of different fields,formulate different standards for the identification of specific suspicions in different fields,and conduct a specific analysis of the legal effects that arise in order to comply with the principle of suitability for crime,responsibility,and punishment.
Keywords/Search Tags:crime of fraud, victim suspicion, victim creed, self-determination, criminal law paternalism
PDF Full Text Request
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