诈骗罪虚构事实教义学研究

A Doctrinal Study on Fictitious Facts in Fraud Crime

诈骗罪的欺诈行为包括虚构事实与隐瞒真相两种方式。从语义上看,虚构事实与隐瞒真相是欺诈行为的两个侧面,分别是指从无到有与从有到无的两种语义内涵。根据事实与价值二元论,事实描述与价值判断存在本质不同,需要对两者作出合理区分,以准确界定虚构事实的指称范围。虚构事实包括虚构全部事实与虚构部分事实,对部分事实虚构的理性认识,可以达到对刑民关系准确认识之目的,也是合理辨析刑事犯罪与民事侵权的重要标准。

The fraudulent behavior of the crime of fraud includes two ways:fictitious facts and concealing the truth.From a semantic point of view,fictitious facts and concealing the truth are two aspects of fraud.They refer to two semantic connotations from nothing to something and from something to nothing.According to the dualism of fact and value,fact description and value judgment are essentially different,and it is necessary to make a reasonable distinction between the two in order to accurately define the scope of fictitious facts.Fictitious facts include full fictitious facts and partial fictitious facts.A rational understanding of fictitious parts of facts can achieve the purpose of accurate understanding of the relationship between criminals and citizens.It is also an important standard for rationally distinguishing criminal offenses and civil torts.