A Qalitative Study Of The Changes In The Price Of Shopping And Recharge

Along with the advent of the information age,theft,fraud and other property crime also showed a network and digital momentum.With the convenience and efficiency of the information network,such crime is often destructive,wide range,strong concealment characteristics,This is no doubt that China's judicial practice is a huge challenge.But often the situation is that the Procuratorate that criminals constitute a destroying the computer crime,but the court finally sent off other offenses.Whether to prosecute the charges,or to the relevant property crime punishment,a judicial practice problems.This is due to computer crime,cybercrime related theory is missing.Therefore,this paper chooses the case of using computer to carry out the crime,through the analysis of the focus of the controversy,to clarify the destruction of destroying the computer crime elements of the theoretical definition of the definition of Ctrip travel trip ticket,unspay recharge amount And so on the legal nature of the network payment tool,analyze the difficult problem of the distinction between the theft and the crime of fraud,and draw the qualitative conclusion of the case.And make suggestions for the judicial work of cyber property crime,and provide reference for judicial practice.The full text is divided into the following four parts:The first part is the basic situation of the case.Mainly introduced the case of the case,the basic case,divergent views,the focus of controversy.The basic case of the case for the use of computer software to attack Ctrip website,shopping site and the unspay,by tampering with the price data to tens of dollars to buy hundreds of thousands of gift cards,merchandise,and through the same way Illegal increase in the amount of recharge,access to illegal interests.The main focus of the controversy is how to conduct a qualitative discussion around the case,whether it violates a destroying the computer crime,theft,or fraud ?The core dispute points include the the changes in the price of shopping and recharge how to determine,How to determine the amount of crime,criminal form is the crime or attempted attempted crime and other issuesThe second part is the legal analysis.First of all,This paper introduces the elements of the crime object of destroying the computer crime,the objective elements of the crime,the subjective elements of the crime;Second,analysis of Ctrip travel trip ticket,unspay recharge amount can be used as the object of property crime,combined with China's theory of property crime related to the theory that Ctrip travel trip ticket as a consumer card,unspay recharge amount is the electronic capital,its legal nature is property,Can be the object of property crime;again,by analyzing the crime of theft and fraud in the criminal means and the causal relationship between the different to distinguish between the two crimes;Finally,How to distinguish between the form of attempted crime and the attempted crime of theft,the combination of the amount of crime related theory theory,analysis of the amount of crime identified,and combined with our various theoretical point of view of the controversy,the final use of " Runaway theory " as an accurate determination of the theft of sentencing.The third part is the conclusion of the study.First of all,the case should be assessed as theft,travel trip ticket,unspay recharge amount are the consumer card and electronic funds,can be regarded as violations of property crime in the property evaluation;Second,the case does not constitute destroying the computer crime,modify the order data is not enough to endanger the computer information system security,the consequences also did not disturb the normal computer information system Run again;Again,the case should not be evaluated as a crime of fraud,Han use of computer to modify the price data behavior,and did not make the victim into a misunderstanding lead to the disposal of property,do not meet the requirements of fraud should make the victim to produce or maintain the wrong post-Objective elements;Finally,for the theft of the crime and the amount of crime on the identification of this article to take " Runaway theory " standard,theft of online shopping products are still on the road in the case,because the property has been out of the actual control of all,the victim's property rights has been infringed,so the establishment of the crime of theft,the amount of the part should be included in the amount of crime processing.The fourth part is the research enlightenment.First of all,it is necessary to construct an Internet crime legislation to combat cybercrime,and to build an independent,systematic and systematic cybercrime legislation is the basis for effectively curbing cyber financial crimes.Secondly,we should strengthen the judicial interpretation of judicial work,through reasonable judicial interpretation In order to deal with the diversification and complication of cybercrime in judicial practice.Finally,we should attach importance to guiding cases to provide normative guidelines and avoid demonstrative effects of co-ordination and guidance cases..