In the occasion of fraudulent transactions,the boundary between criminal and civilian is blurred because of two-way payment behavior.In terms of the elements of property loss,the academic community advocates the introduction of individual property loss theories such as purpose failure theory to revise the overall property loss.However,from the perspective of the legislative model of the crime of fraud in our country,the individual loss is not suitable.For the purpose of illegal possession in fraudulent transactions,there is a lack of measurement standards in practice.In this regard,the first consideration is whether deceptive behavior can reach the level of fraud,followed by adhering to the concept of overall property loss,and finally,taking into account the above factors,conducting a value measurement to deter-mine whether the perpetrator has the purpose of illegal possession.
关键词
诈骗罪/民事欺诈/财产损失要件/整体财产损失
Key words
crime of fraud/civil fraud/elements of property damage/whole property loss
维普
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