Reflection and Reinterpret of Triangle Fraud Punishment Behavior
The traditional triangle fraud theory has set the restrictive elements in its basic structure.The role of these elements focuses on the distinguishing function of this crime and the other crime,ignores the requirements of the specification of the constituent elements,and is difficult to resolve the dilemma in the process of judicial application,so the role is not of vital necessity.The reason why triangle swindle is worthy of punishment is that it has the same character with the two swindle,that is,the victim's behavior can be evaluated as the victim's punishment behavior.The identification of triangle fraud should be based on the judgment of the constitutive requirement,starting from the analysis of the victim's act of disposition,and the substantive explanation of the behavior of the victim.The concrete explanation path:when the disposition of the deceived person can realize the legal effect of"Possession transfer"on the one hand,and the real result of"Legal interest infringement"on the other hand,and the disposition result can belong to the victim,a deceived person is a"Proper offender".
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