Research On The Criminal Law Regulation Of The Fraud Of WeChat

The first chapter defines the concept of We Chat fraud,the “Scan QR Code” fraud,“Shake” fraud,“People Nearby ” fraud,“Moments” fraud and other cases of empirical study,According to the “Behavioral Means” and “legal interest” classified types of We Chat fraud.The second chapter mainly discusses the criminal law qualitative of We Chat fraud,refute the larceny and set up the crime of fraud.The qualitative characterization of the exchange behavior of the two-dimensional code directly affects the fact that it is a matter of correspondence and legal application.The behavior that the former exchanged the two-dimensional code is the conditions of the latter fall into the misunderstanding.The merchant and the customer have a misunderstanding and a sense of disposal;the case of the victim should be identified,as the merchant,and the exchange behavior constitute a crime of fraud.Denied the claims in this chapter,instant obligatory right has a probability and improper expanding explanation of the property;Decisive means is the key to distinguish the larceny between frauds,and analyzed the difference between “theft” and “fraud”.The seller never has the possession,and there is no prerequisite and basis for the theft of secrets.The third chapter mainly studies the qualitative nature of helping behavior and the act in preparation for a crime of We Chat fraud.The first section of this chapter discusses and analysis the punishable,the basis and the principle of neutrality.Neutral help behavior must be based on the purpose of accurate evaluation.In the study of the basis theory,discuss and analysis the legal application of We Chat service act.Based on the “notice remove” rules,We Chat service providers do not bear to the obligation of Accessory Offender in the “not necessarily intentional”.But in the “determined intentional”,there is nonfeasance Accessory Offender and should be punishment.In the common intention of the joint crimes,we should adhere to the “two-way” standard,at the same time the “one-way” standard should be embedded in the scope.In the aspect of punishment and obligation,extend the same treatment to accomplice and accomplice that can make up for the deficiency of the common crime under the cyberspace in the evaluation and sanction.The second section mainly discusses the criminal responsibility of We Chat fraud preparatory act,including the punishment and imputation model of We Chat fraud preparatory act.Because preparatory act is unreasonable,it is suggested that we should use the legal fiction technology to make the preparatory act independent to give its stereotypes and types.