| The history of victim study start not very long,but it has spread and developed rapidly in the world since it’s emergence,and has exerted an important influence on the criminal legislation and judicial practice of various countries.The victim study includes seven aspects,such as the relationship between the victim and the offender,and the position of the victim in criminal justice.This paper mainly starts from the subjective will of the victim,such as the psychological state of the victim,and discusses the influence of the victim’s will on illegality,and then demonstrates the relationship between the will of the victim and the crime identification,especially the crime identification of fraud,and the influence on the crime of fraud.In the current theoretical research,there are mainly three theoretical theories related to the victim’s will impediment of illegality,such as the victim’s commitment or consent,the victim put himself or herself at risk,and the victim’s self-responsibility.The victim’s will reflected in the crime of fraud mainly for:misunderstanding of the victim,the victim pay illegal or purpose of lawlessness,and the victim purpose is not realized.The first is one of the major constituents of crime of fraud,the second and the third is the current theory in the academic circles to constitutes a theoretical debate or whether the crime of fraud of the resistance was established.Starting from the three aspects,based on the degree of the victim into a misunderstanding in class,for the victim has a specific or not in a misunderstanding,citing the victim promises or agree to the victim theory,to the person fraud constitute the crime of fraud of the attempted or because of its legitimacy and the resistance is illegal,doesn’t constitute a crime of fraud.Exist for the victim pay illegal or purpose of lawlessness,the argument goes ruled out the illegality should refer to the victim put himself or herself at risk,and the resistance is the establishment of the crime of fraud.The author’s point of view in this situation,for the victim and the offender of the crime shall be separately determined,not for the purpose of the victim of fraud or payment illegality,the illegality shouldn’t be impeded.Purpose for the victim failed,some argue that should be the victim of this kind of subjective loss into the victim’s loss of objective scope,behavior of person still can constitute the crime of fraud.On the contrary,the author’s point is that the victim of subjective loss Should not be included in the property crime in particular the crime of fraud,this kind of subjective loss shall answered by the victim self,and resistance is the constitution of the crime of fraud. |
