三角诈骗的类型

发布时间：2018-11-28 15:48

【摘要】：三角诈骗是德国、日本等国刑法理论和审判实践普遍使用的概念;三角诈骗不仅是客观存在的犯罪现象,而且与两者间的诈骗没有实质区别;三角诈骗概念不是伪命题,承认三角诈骗概念,不仅具有实体法的意义,而且具有诉讼法的意义。传统类型的三角诈骗表现为,具有处分权限的受骗人基于认识错误处分被害人(第三者)的财产,因而使被害人遭受财产损失。诉讼诈骗是传统类型三角诈骗的典型,在诉讼诈骗中,处分行为人是法官而不是被害人;不应当认为诉讼诈骗中的被害人是处分行为人、法官只是单纯的受骗人;换言之,不存在受骗人没有处分财产的三角诈骗。本文试图论证另一种类型的三角诈骗,即具有处分权限的受骗人基于认识错误处分自己的财产,却导致被害人(第三者)遭受财产损失。这种新类型的三角诈骗,与传统类型的三角诈骗以及两者间的诈骗没有实质区别;承认这种新类型的三角诈骗,有利于处理相关疑难案件。
[Abstract]:Triangular fraud is a common concept in criminal law theory and trial practice in Germany, Japan and other countries, and triangular fraud is not only an objective criminal phenomenon, but also has no substantive difference with the fraud between them. The concept of triangular fraud is not a false proposition. Recognizing the concept of triangular fraud has not only the meaning of substantive law, but also the meaning of procedural law. The traditional type of triangular fraud is that the deceived person with disposition authority disposes the property of the victim (third party) on the basis of cognition, thus causing the victim to suffer property loss. Litigation fraud is a typical type of triangle fraud. In litigation fraud, the disciplinary actor is the judge, not the victim, the victim should not be regarded as the disciplinary actor, the judge is only the deceived person. In other words, there is no triangular fraud in which the deceived person does not dispose of his property. This paper attempts to prove another type of triangular fraud, that is, the deceived person with disposition authority disposes his property on the basis of cognition, but causes the victim (third party) to suffer property losses. This new type of triangular fraud is not materially different from the traditional type of triangular fraud and the fraud between them, and admitting this new type of triangular fraud is conducive to dealing with related difficult cases.
【作者单位】：清华大学法学院;
【分类号】：D924.35

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