Research On The Punishment Consciousness Of Victims In Crime Of Fraud

The basic logical structure of the crime of fraud is that the perpetrator causes the victim to have a misconception under the effect of the deceptive act by deception,and makes the act of disposing of property based on the misconception,which eventually leads to the victim suffering property loss.From the basic logic of the crime of fraud,it can be seen that the key link for the establishment of the crime is the victim’s voluntary disposal of property,a process that includes the objective act of disposal and the subjective awareness of disposal,of which the subjective level of disposal awareness is a major controversy in the theory.The correct determination of the victim’s disposition consciousness is of great value to the handling of new cases in practice,which helps to promote the correct identification of intertwined cases of theft and fraud in the network payment environment and clarify the boundary between fraud and other property crimes.The relevant cases in practice are used to draw out the key role of the victim’s sense of disposition in determining the establishment of fraud and the necessity to explore it,and to make a correct understanding of the connotation of the sense of disposition.In conjunction with the essential attributes and logical construction of fraud,and in relation to the current state of judicial practice in China,the controversial aspects of the crime of fraud at the level of dispositional consciousness are interpreted so as to reach a conclusion that is consistent with both theoretical logic and practical needs.Regarding the issue of the necessity of dispositional consciousness,there are three different views in the theoretical field,namely,dispositional consciousness is necessary,dispositional consciousness is not necessary,and dispositional consciousness is compromise.The doctrine of consciousness necessary is the most reasonable doctrine and should be affirmed and adhered to in judicial practice.In other words,the existence of the victim’s consciousness of disposition must be the prerequisite in determining the crime of fraud,and if the victim has no consciousness of disposition,it cannot constitute the crime of fraud.The correct understanding of the connotation of dispositional consciousness is also an important issue to be explored.Through analysis,it is found that the difference in the logic of different views on the characterization of the same case will lead to different results in the determination of the case.On the basis of a relatively adequate understanding of the theoretical aspects of dispositional consciousness,two typical cases are introduced to test the practical application of dispositional consciousness and to further understand the irreplaceable and crucial role of dispositional consciousness in the identification of property crime types in judicial practice.