论诈骗罪中的财产处分-法律专业论文.docxVIP

II II Abstract Disposition of property is at the core of logic structure in crime of fraud,the people of property disposition is the main premise of property disposition.In crime of fraud,the people of property disposition should be Who deceived and should have the capacity and powers of disposition or status.But about the factual limit of authority and position ,we should measure Comprehensively according to socially general concept and Other relevant factors. In addition, it is decided by the characteristics of fraud that they are causal relationship between error awareness and action of disposition of property . But the machines do not have cognitive ability,do not come into being mistake,so, Machines can not be the main action of fraud. The key to distinguish the fraud with the other property crimes is the misunderstanding,and it is the direct cause of dispositing property and include the misunderstanding on fact and value.but the Criteria of wrong understanding that have two perspective is very hard to come into. Comprehensively analyse, the criteria Should be based on Objectivism and combined with the specific circumstances of the people who deceived to make reasonable judgments.At the same time,the people who disposit property should be free,this is the one of the Standard to distinguish the crime of fraud with the other property crimes. Disposition of property in crime of fraud is the unity of wrong understanding subjectively and objective action,and there are causal relateships between the two part. The way of action is very much. Action object is not limited to property, the interests of property also should be protected.Additionally, there are specificity of contraband and illegal payments althoughtly, the essential attribute of property is not changed and it should be protected by criminal law. Key words: Crime of Fraud；Disposition of Property；Run into Fault；Property interests III III 目 录 摘要I Abstract II 引 言1 第 1 章 诈骗罪中的财产处分主体3 1.1 财产处分的主体范围3 1