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随着社会经济的发展,电视购物诈骗行为给人们的生活造成了许多困扰。单一行政处罚处罚体制并不能真正解决该问题,应当引入刑法体系的规制。电视购物诈骗是否构成诈骗罪应以财产法益是否遭受侵害为根本认定标准。借助夸大广告的电视购物不构成诈骗罪,借鉴对比德日刑法关于诈骗罪“整体侵害说”与“保护个别财产说”的理论,只要电视购物的卖方通过虚假宣传的手段使得消费者陷入错误认识且因此产生购买行为,使得消费者遭受到了财产损失,就应当认定为诈骗罪。
With the social and economic development, TV shopping scams have caused many troubles to people’s lives. The system of punishment for a single administrative punishment can not really solve the problem, and should be introduced into the regulation of criminal law system. Whether television shopping fraud constitutes a crime of fraud should be based on whether the law of property is infringed upon as the basic standard. Using the television shopping exaggerating the advertisement does not constitute a crime of fraud, and draws lessons from the theory of comparing German and Japanese criminal law on fraud, “overall violation” and “protection of individual properties,” as long as the seller of the television shopping makes consumption through false propaganda Those caught in misconceptions and thus resulting in purchases, causing consumers to suffer property damage, should be considered fraud.