Redefinition of deliver awareness of fraud crime under new payment methods
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D924.35

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    Abstract:

    Deliver awareness refers to the victim's understanding of the property depreciation effect that can be generated by deliver behavior. In the academia,"unnecessary deliver awareness" is actually a "necessary deliver awareness" theory. The development of new payment methods and the construction of fraud crimes require a true and thorough unnecessary deliver awareness theory. This theory requires that the objective criteria should be taken in the judgment of deliver action. Therefore,in the context of the development of new payment methods,the essence of property damage and its relationship with property risks should be judged by objective criteria. Erroneous understanding under unnecessary deliver awareness theory includes the error of deliver expression and the error of deliver motive; the error of deliver motive includes the error of deliver object and deliver purpose. When judging whether the victim has erroneous understanding,it is necessary to make a normative judgment based on factors such as general concepts and the plight of the victim.

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姜涛,杨睿雍.新型支付手段下诈骗罪的处分意识再定义[J].重庆大学学报社会科学版,2020,26(1):170~184

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History
  • Received:
  • Revised:May 14,2019
  • Adopted:
  • Online: December 30,2019
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