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The Determination Analysis Of Exchanging Property With Illegally Obtained Consumption Scores

Posted on:2016-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:H HuangFull Text:PDF
GTID:2296330461962422Subject:Punishment law
Abstract/Summary:PDF Full Text Request
In recent years,as the application of the network spread among the people,electronic commerce industry get rapid development. To seize and improve market share in the fierce market competition,a great deal of merchants released this kind of marketing mechanism of consumption scores,carried out sales promotion and make rules about consumption scores,thus to attract more consumers by consumption scores rebating.The essence of consumption scores is an effective marketing method and rebating mechanism to arrtact consumption and increase the combination of consumers with merchants.As the competition turn white-hot,consumption scores rebating is no longer simply delivering cheap gifts,but giving consumption scores the function of paying for commodity,thus to purchase goods or services as currency.This new type of payment method can bring favorable price as well as cause legal problems have never seen before. The phenomenon of the wrong crowd exchanged goods or services with illegally obtained consumption scores appeared frequently,meanwhile,the criminal means of handelnde in such case were frequently combination of “stealing”with“cheating”,which made it difficulty to confirm that kind of case.In practice,distinguishing crime of fraud and crime of theft tended to be troublesome all long,it is necessary to drill down how to determine the nature of exchange goods or services with illegally obtained consumption scores.In virtue of a real case from shanghai,this article is going to correlate the theory with practice,drill down the legal nature of consumption scores,the possibility of machine’s cognition error,the rationality of affirming stealing consumption scores to be crime of theft,and judge the accomplished offense criterion of crime of theft, thus to distinguish crime of fraud and crime of theft via the new payment media of consumption scores.Full text includes four parts,about 19000 words in all.The first part:general information of the case.Specifically contains cause of action,brief introduction,divergence and focus of dispute of this case.The second part:jurisprudence analysis of this case.This part mainly discuss that if consumption scores can be regarded as “property” in criminal law,if the machines can bu regarded as the object of crime of fraud,he rationality of affirming stealing consumption scores to be crime of theft,and the accomplished offense criterion of stealing consumption scores,while stating the point and reason of the author myself.The third part:the conclusion of this article.With the jurisprudence analysis above,the conclusion can be reached.In this regard,the two defendants of this case constitute crime of theft,and the value of non-send out cellphones should not be regarded within the value of accomplished theft.The forth part:the enlightenment of this case.According to the theoretical analysis and discussion of the case,there are some guidance for the improvement in the future.
Keywords/Search Tags:consumption scores, crime of fraud, cognition error, crime of theft, accomplished offense criterion
PDF Full Text Request
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