In the application of the crime of fraud, the determination of dispositional capacity poses a significant challenge in judicial practice. From the perspective of the intersection of civil and criminal law, dispositional capacity is a key element independent of “dispositional awareness”. The dispositional capacity in criminal law is rooted in the concept of capacity for intention in civil law. The core of dispositional capacity in criminal law lies in the possibility of recognizing the nature and consequences of the facts of property disposition. The normative purpose and criteria for determining dispositional capacity are independent of the capacity for civil conduct, which aims to protect transactional security. Directly applying the standards of civil law is likely to lead to an improper limitation of the scope of the establishment of fraud. Dispositional capacity serves a dual function: a qualification requirement for screening eligible victims and the cognitive basis for supporting the voluntariness of dispositional actions. It is necessary to construct a hierarchical judgment framework of “form-substance”, and apply dynamic standards in combination with individual cases to assess the dispositional capacity of minors and other special victims. Such an approach aims to achieve a precise distinction between fraud and theft and provide clear guidance for judicial judgment of property crimes that infringe upon minors and other special victims.