The Qualitative Of Illegal Transfer Other’s Phone Number And Assignment

When do the phone business,we must offer our true identity information. But it does not prevent the crime caused by mobile phone card. Although it is free to have a mobile phone card, wrongdoing is still exist, that using a fake id to others then transfer their phone number to his name, for the profitability. Judiciary about such cases also have different processing results. Articles around "illegal transfer and assignment", studies the crimes connect with to deal with this case.And finally to put forward the behavior of illegal transfer and assignment phone number shall be based on the conclusion of a crime of Fraud crime convicted and punished, so as to handle the mobile phone number in the judicial practice of our country and even other number of cases.This paper mainly has four parts, the main contents are:In the first part, it mainly studies the basic situation of the case. This part mainly introduces the cause of action, the basic facts, the case and the case of disputes, and classifies the focus of controversy on the case. The defendant should be determine guilty as Larceny or the crime of Fraud, in the judicature.The theoretical circle put forward the case as a crime of illegal provision of personal information, the correspondence freedom encroachment crime, and crime of illegal business point of view. The case of the dispute focus on: the quality of “illegal transfer and assignment for a high price others mobile phone number”.In the second part, it mainly studies the relevant legal analysis of the problem. Involves five aspects of this part, firstly, mainly aimed at the object of the crime in criminal law article 265 and article 264 the object of crime and the objective behavior of Larceny; Second, surrounding how to define "illegal for others" about the crime of illegal provision of personal information. Thirdly, this paper discusses what the "other" illegal business behavior of crime of illegal business should have about the attribute characteristic; Fourthly, this paper discusses the correspondence freedom encroachment crime object of crime should cover the traditional letters, e-mails and other data, as well as about the cognizance of objective behavior; Fifthly, studies the five stages of logic about objective behavior on crime of Fraud.In the third part, it mainly studies the analysis and conclusion to the case. Illegal transfer the cell phone number is different from copy telecom number, the mobile phone number is not " public and private property", so the defendants does not constitute the crime of Larceny; The offenders used citizens of the personal information, legally acquired for himself, is not in conformity with the crime of illegal provision of personal information’s crime composition of "for others" requirement, therefore they do not constitute that crime. Illegal transfer cell phone number and assignment behavior infringes the property rights of a liberty and a number of correspondence of citizens of the buyer, in line with the correspondence freedom encroachment crime and the constitutive requirements of crime of Fraud, shall, in accordance with the involvement of fault principle, from a felony, concluded that the defendant constitutes crime of fraud.In the fourth part, it mainly studies the research of the case. First, the components of the correspondence freedom encroachment crime shall make a correction, specific as follows: the main body of communication should include citizens and units, the objective aspect "conceals, destroys or illegally opening" adjustments should be made, the object of crime "letters" should adapt to the objective need to make legal expand and sentencing aspects should also be appropriate severe penalty. Second, the criminal law and the relevant method for telecommunications code "theft" of conflict, whether market order or property rights protection, for the behavior, on the basis of conflict, to draw the attention of the legislature and judicial organs; Third, the crime of illegal business is widely used in the judiciary, as all economic crime out of sex, and even suspected of abuse, so we need a strict interpretation of the "other" illegal business behavior making, confirmed by the relevant legislation, do within the statutory principle of crime and strict judicial system of explanation.