Qualitative Research On Identity Theft Inflated Bill Points And Redeem Property

Science and technology in life bring convenience for people at the same time also brought many questions to the law, Such as the phone integral whether has the property nature ? Network platform can be cheated? To these questions by jurists few writings, but related cases in the legal practice is gradually increasing, so the research to these questions is necessary. This paper, taking a theft "Miss Tong", for example, a stolen false increase in phone integration and exchange of property behavior qualitative proposed own view.In addition to the introduction, this paper points the following four parts, a total of about twenty thousand words:The first part is the basic information of case, including the cause of action, the case is introduced, the focus of controversy and disagreement. Miss Tong a theft by Shanghai huangpu district people’s court, to the defendant theft trial end, a second trial court upheld the conviction. This case is aimed at Miss Tong’s false increase cost of integral behavior qualitative disagreement, the defense support Miss Tong certain actions constitute job occupation crime, the prosecution think Miss Tong a certain constitute a crime of fraud, the court said Miss Tong constitute theft. And the resulting four arguments focus: first, the phone integral can be the object of crime of such crimes against property; Second, convenient work is equivalent to position; Third, the network platform can be the object of crime of fraud; Fourth, steal identities and false increase cost is integral secret theft or fictional facts.The second part is legal analyzed. This section to spend points can be the object of crime of such crimes against property as the prerequisite, the salient features with the help of other interests, deduces the phone integral belong to the property interests, phone integral should be protected by criminal law. In this premise is discussed using the "work" and use "position", for later analysis whether Miss Tong a certain behavior constitutes job occupation crime to provide theoretical support. Then analyzed the machine cannot become the object of the crime of fraud, add to Miss Tong a false points do not belong to the fraud to provide theoretical basis. Followed by the analysis of the "secret theft" and "false facts" connotation for Miss Tong after a false qualitative to provide theoretical basis for increasing cost of integral action. Finally analyzes the larceny with standard, on the basis of runaway said. Demonstrate a crime is in a state with Miss Tong.The third part is the case study, this part will be analyzed combined with the case, it is concluded that Miss Tong on the behavior of the system work, does not constitute a job occupation crime; Machine does not have disciplinary consciousness cannot become the object of the crime of fraud, Miss Tong does not constitute a crime of fraud; In the secret state, and the conduct of Miss Tong a steal for a moving company existing property, should constitute theft accomplished, after Miss Tong of a cash gift cards behavior does not have independent judgment.The fourth part of the enlightenment to the research of this case, the case is just one of many difficult cases in, to solve this case is important, but mining the deep reason, from the source to reduce the occurrence of crime is more important. Through the case analysis, the author will put forward two Suggestions: first, the government need to strengthen the franco-prussian education for all the people, and make the law to the people’s behavior standard, from the inner to comply with the law, belief in law, from the source to reduce illegal thoughts; Second, need to perfect the law of the National People’s Congress, the supreme people’s court and the supreme people’s procuratorate cases need to strengthen guidance, from the external regulation for universal behavior. The author hopes through the implementation of the recommendations to reduce the effect of the crime, build the rule of law society.