Study On The Criminal Regulation Of Illegal Recharge Card Behavior

Property crime is a kind of crime in our country is relatively common, but with theeconomic development and social progress, this kind of case still will be the judicial circlewhich our country is facing the phenomenon of crime and solved in the future. Thedevelopment of electronics technology, it also brought a new social problem about people’slives. In the property crime mainly manifests the characteristics of high-tech, diversifiedmeans of crime. How can the lawful property of protecting private more comprehensive hasalso become the theoretical and practical circles with new problems, in this paper, by meansof case study, the judicial practice in the existence of the illegal recharge cards and cash,consumer behavior and related problems are analyzed and explored.The thesis is about18000words, is divided into the following sections:The first part is the basic situation of the case, including the cause of action, theintroduction of the case and the differences of opinion, differences of opinion, the identified inthis case processing summed up the focus of controversy in this case, including the "livablesmooth card" illegal recharge, consumption, cash the qualitative behavior, the calculation ofthe amount of crime, the case in the bearing of criminal responsibility.The second part is legal analysis, the author firstly analyses consumption card, that cardis actually a new payment tool, creditor’s rights is the essence of human rights, then the authorcombined with relevant data to distinguish theft and fraud are researched, the "disposition" isthe main distinction between the two the triangle fraud, and were also discussed; then theauthor definition and position in the clear property crime amount, the use of computer to stealelectronic currency behavior amount that theory should be combined with accomplishedlarceny, should be based on the loss of the victim as a starting point, combined with "thetheory of the out of control and control" to determine; at the end of the common crimecriminal liability, the author thinks that in order to "the theory of the participate " as acommon crime of amount of property standards.The third part is the conclusion of the case, according to legal analysis conclusion, illegalrecharge and consumption, the consumption of cash card behavior in this case should bedefined as crime of theft, crime amount should be based on consumption, ascertain theamount of cash. On the premise of common crime, Behavior person shall engage in criminalbehavior relates to the amount of property criminal responsibility. The fourth part is the research of the case, the author thinks that electronic money in thiscase should be as the property in the law.