诈骗罪中被害人处分财产性利益的行为认定

——以债为例

中图分类号：D924.3 文献标志码：A

Abstract： To determine the victim's disciplinary action of property interest in fraud，it is necessary to start from the relationship between the property interest and the "property"，so as to ensure whether the "property" is the object of the criminal act of property which includes the property interest. According to the theory of the possibility of physical management and the characteristics of the debt itself，it can be judged that part of the original right of the debt is a property interest. It is necessary to start from the victim's point of view for fraud composition of property interests to examine whether there is disciplinary action and disciplinary awareness. Disciplinary action is mainly manifested in the loss of the victim's interests when the interests of the perpetrator or others increase. In the composition of fraud，the victim's disciplinary awareness is an important basis for connecting the perpetrator's fraudulent behavior and the victim's disciplinary action. It is necessary to determine whether the victim has disciplinary awareness of disposition： in cases where there is a misunderstanding of the scope of the property interest，the victim does not have disciplinary awareness to the exceeding scope；in cases where there is a misunderstanding of the value of the property interest， the victim has disciplinary awareness.

Key words： fraud； property interest；disciplinary action； disciplinary awareness；debt

伴随社会经济发展，财产的存在形态日趋多样，如何认定诈骗财产性利益的行为成为了学界研究的重要问题。（剩余10613字）