| 英文摘要 |
The gist of Viktimodogmatik is to respect the right of disposition of the victim, to advocate trust protection by the victim,and its legal basis is the auxiliary and final means principle of criminal law. The constitutional foundation of the Viktimodogmatik is free development of personality derived from human dignity. When researching into the crime of fraud in financing,most scholars of science of criminal law have not been taking the victim seriously.The victim’s usury leasehold behavior is essentially to invest,criminal scholars are lacking to recognise it.The criminal judicial experience shows, most of victims in fundraising fraud cases has no error of cognition, that victim’s falling into risk by himself for the pursuit of high profit is an important reason for this crime accomplished offense.If ignoring the role and position of the victim in fundraising fraud cases, and not try to limit the interpretation of legal norms crime of fraud in financing with the aid of the Viktimodogmatik, it will be undoubtedly unfair to the criminals in fundraising fraud cases. The paternalism in criminal law just only make the criminal law become the Magna Carta of the victims, rather than the criminals. In criminal justice the Viktimodogmatik should be applied to limit the interpretation of the paternalism in criminal law. |
