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The 88th Professor Salon: Property Damage in Fraud

On May 17, 2017, the 88th Professor of the Renmin Law School was held in the 601 lecture hall of Mingde Law Building. The salon was chaired by Professor Xie Wangyuan, and Professor Fu Liqing was the speaker under the theme of "fraud in the loss of property." Prof. Zhou Ke, Prof. Shi Tongbiao, Professor Zhang Shiming, Professor Li Chen, Associate Professor Wang Zongyu, Associate Professor Sun Ruojun, Associate Professor Chen Xuan, Associate Professor Li Lizhong, Assistant Professor Xiong Bing Wan, etc., and Doctoral Candidate of Renmin University, nearly 40 students participated in this professor salon.


Professor Xie Wangyuan first welcomed and thanked the presence of teachers and students to participate in this professor salon. Professor Xie said that in recent years, Professor Fu Liqing has a very in-depth study of property crime, and property crime in the field of law also involves more disciplines. Today Professor Fu Liqing report will give us a lot of new ideas. Then, Professor Fu Liqing was awarded the 88th professor salon commemorative card.

Professor Fu Liqing with "nail coffin case" led to the theme of this salon, so that the participants of the teachers and students on the subject of the report had a more intuitive impression. The whole report content was divided into three parts: first, the establishment of fraud is required property damage; second, how to define the property; third, how to determine the loss of property and calculation.

In the first part, Professor Fu Liqing first introduced the elements of the crime of fraud, which led to this controversial focus that the need for property damage was a requisite for the existence of the crime of fraud or not. On the constitutive elements of the crime of fraud, it consists of two aspects: objective composition and subjective elements, in which the objective behavior is the behavior of the person who has committed the formal fraud, the behavior makes the victim had a cognitive error, or Is due to the behavior of the perpetrator to make the victim to maintain this misunderstanding, and the victim based on this error and disposition of the property, the fraud person himself or his designated third party to obtain the property, which is generally considered an objective behavior of fraud. In addition, whether the victim in the disposal of property, the party to obtain property, the other property damage, which is the objective elements which need to pay attention to the problem. And subjective elements, it must have the purpose of illegal possession which is not controversial. Then, Professor Fu Liqing discussed on the establishment of fraud is the need for property damage.

In the case of property damage, German criminal law article 263 specifically requires the creation of a crime that requires property damage. According to some scholars statistics, civil law countries, such as Germany, Italy, Switzerland, France and other countries, the majority of fraud in the law clearly requires the damage to property; and this corresponds to the Anglo-American law, the crime of fraud does not explicitly require property damage. However, in some civil law countries, such as in Japan, Article 246 of the Penal Code does not explicitly require property damage, but only provides for deceiving others to deliver property, but scholars who hold an objective position still believe that the crime of fraud need property damage. Therefore, although the civil law countries in the establishment of fraud on property damage and law have certain relevance, but in theory and practice, more inclined to even if there is no legal provisions, the establishment of fraud also requires property damage.


In the second part, Professor Fu Liqing analyzed the meaning of property from various theories and perspectives. In Germany, the meaning of the property mainly exists in the legal property, said economic property, and legal & economic property.

In the third part, Professor Fu Liqing used a number of cases to explain the judgment of property loss and the calculation problem on the basis of explaining various theoretical theories. Professor Fu Liqing with the European "Mao Pao case" led to the part of the content.

Finally, Professor Fu Liqing went back to the opening of the "nail coffin case", in the theoretical theory of the basis of their own analysis and judgment. Professor Fu Liqing thought that the second instance of the case decided to extend the first instance of the reasons for the verdict on the subjective subjectivity is not illegal possession of the purpose is not established.

At the end of the report, the teachers and students who attended the meeting discussed the necessity of establishing the property loss of the crime of fraud, the definition of the property and the judgment and calculation of the loss, and the relevant cases were fully discussed. Professor Fu Liqing also answered relevant questions.

At the end of the event, Prof.Xie thanked Prof. Fu Liqing for bringing this wonderful report to everyone and thanked the teachers and students for their enthusiastic participation. The salon ended in the warm applause in the successful conclusion.

(Editor: ZHAN Hefei)

 
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