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实践中,诈骗罪的认定存在一定的难度,究其原因,主要在于对诈骗罪的处分行为的把握出现一定程度的偏差。诈骗罪的处分行为,须结合受骗者的主客观要素进行综合判断,处分行为要求受骗者主观上具有处分的意思,客观上实施了转移占有的行为。
In practice, there is a certain degree of difficulty in the identification of fraud crime. The main reason lies in the fact that there is a certain degree of deviation in grasping the punishment of fraud. The punishment of fraud should be judged synthetically based on the subjective and objective elements of the deceived person. The act of punishment requires the deceived person to have the subjective meaning of punishment and objectively implement the transfer of possession.