The Study Of The Cognizance Rules Of The Property Damage In The Crime Of Fraud

In the traditional theory,the property loss of fraud is only determined based on whether the objective economic value of the victim’s property is diminished,however,this understanding of the property loss determination ignores the subjective value factor of the property loss,which makes it difficult to solve the problem of the determination of the property loss in the situations where the victim obtains the opposing payment without use value,donation-type fraud and mixed transaction fraud.In the determination of property loss in fraud,we should insist on the basis of the overall property theory and measure the gain or loss of the victim’s overall property before and after the disposal of the property.In addition to the objective economic value of the victim’s property,it is also necessary to consider the subjective factors of the victim’s personal purpose and social purpose when calculating the victim’s overall property income and expenditure.By introducing the "purpose failure theory",the subjective purpose factor is included in the determination of property loss,and the impact of the victim’s purpose failure on the determination of property loss is considered.The subjective purpose to be considered should be limited to the personal purpose of meeting the contractual possibility of use and the social purpose of achieving public welfare,and among the subjective purposes,the personal purpose and the social purpose should be considered in a progressive relationship.The systematic framework for the determination of property loss in fraud requires adhering to the fundamental position of objective economic value measurement and designing a stratified scheme,first measuring the objective stratum to determine the economic value impairment,and then examining the subjective stratum to determine whether there is subjective value impairment.