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On The Behavior Of Repeated Acquisition Gift Time Cards Used The Vulnerability

Posted on:2013-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:S W XiaoFull Text:PDF
GTID:2256330401451120Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Application vulnerability is repeated to obtain gift time card behavior, refers tothe act of repeated use services company in program design, implementation andoperation on the retained the error, to obtain the services company based on separateby joint activities without cost to their game player or the customer’s card, the card isin accordance with the provisions of services company to cash in exchange for virtualpoints (points) form, through the consumption of virtual points (points) to enjoy thecompany of the service as a money payment form. Its behavior main body ofmalicious, service company’s fault, behavior of the repeatability and the formallegitimacy, behavior results from the destructive characteristics.On the use of vulnerability procedure is repeated to obtain gift time card thequalitative behavior of controversy, the theoretical circle and not to make discuss, infact only exists in Ding Hao, Zang Xiao-wei fraud in the process of a qualitative,innocence, fraud, theft, said three kinds of opinions. Innocence due to unresolved fordenying the behavior person’s subjective malice, behavior means is illegal and can notbe established; theft said that due to the neglect of the behavior of behavior personfact from fiction, hiding the truth of this key element and also can not be established;crime of fraud that no matter from the criminal law theory and in judicial practice, allhas rationality.On the use of vulnerability procedure is repeated to obtain accurate gift time cardbehavior qualitative, need to clear the gift time card nature of property, theft and fraudboundaries of theoretical issues such as. Gift time card condenses the indiscriminatehuman labor, it has use value and exchange value, should belong to the category ofproperty, at the same time, it also belongs to have legal significance of the property;can be protected by criminal law. Theft and fraud of the key distinguishing whether agiven error awareness and victim to dispose of property. In the use of vulnerabilityprocedure is repeated to obtain gift time card act, imposed by the act of fraud, servicecompanies because the perpetrator fraud into awareness of errors and based on theunderstanding of error and voluntary action gift time card, perpetrator of the fraud andservice company gift time card between the loss of the causality in criminal law,therefore, application vulnerability is repeated to obtain gift time card behavior shallconstitute a crime of fraud.
Keywords/Search Tags:the Gift Time Card, Vulnerability, Repeated Acquisition, Crime of Fraud
PDF Full Text Request
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