The Qualitative Analysis Of Obtaining Others' Property By Stealing Social Accounts

With the rapid development of Internet technology and the popular of online payment,the behavior which infringe the property of social account and infringe others' property by social account are happened frequently.The behavior of obtaining others' property by stealing social accounts is complex,which the actor use illegal means to obtain others' social account and password.The actor obtain the property of social account and obtain the property of the third person through logging in the social account.According to those various behaviors of obtaining others' property by stealing social accounts,which can be divided into “the type of obtaining the property of social account”,“the type of obtaining the property of the third person” and “both obtaining the property of social account and obtaining the property of the third person”.Now,there are some controversial views on obtaining others' property by stealing social accounts,such as “larceny” and “the crime of fraud”.Moreover,there are “adding accusation”,because the main opinions what is the social accounts and how to regulate internet crime have different points.The theories and judicial evaluations only aim at one kind of situation,so these views have many defects.In order to determine the nature of the behaviors accurately,we need to clarify some issues.Firstly,what is the social accounts? Secondly,what is the nature of the data records in a social account? Is it a communication record or information data in the computer? Thirdly,how to identify “the behavior of fraud”? Lastly,how to identify the quantity of crime?Through the analysis of the controversy,we can make a conclusion that determining the nature of obtaining others' property by stealing social accounts should based on different situations.If the actor steal a social account and then obtain property from it,the actor constitute an implicated offender which consist of the crime of offending correspondence freedom and larceny,or maybe the actor constitute an implicated offender which consist of the crime of obtaining information data from computer system illegally and larceny.In addition,maybe the actor only constitute larceny.If the actor steal a social account and then obtain the property of the third person,the actor constitute an implicated offender which consist of the crime of offending correspondence freedom and the crime of fraud,or maybe the actor constitute an implicated offender which consist of the crime of obtaining information data from computer system illegally and the crime of fraud.If the behavior of stealing a social account is independent,the actor constitute larceny and the crime of fraud at the same time.If the actor both obtain the property of social account and obtain the property of the third person after stealing a social account,it can be divided into three kinds.Firstly,the actor constitute an implicated offender which consist of the crime of offending correspondence freedom and larceny.It should combined punishment with the crime of fraud after sentencing on the basis of the most serious crime.Secondly,the actor constitute an implicated offender which consist of crime of obtaining information data from computer system illegally and larceny.It should combined punishment with the crime of fraud after sentencing on the basis of the most serious crime.Thirdly,it should combined punishment for larceny and the crime of fraud.