Research On Swindle Subsidies By Internet Brushing Single Of Criminal Law

In theory field and practice,It's highly controversial in our country about swindle subsidies by internet brushing single.While the case of internet brushing single of Didi generated a lot of buzz online,some expert from the field of theory and practice still questioned the judged result because of being executed for crime of fraud.At present,there is no legislation to guide and regulate swindle subsidies by internet brushing single,and there is also no guide cases as a standard of judgment that can not provide a simple resolution to this problem in the field of theory and practice,on the contrary,the phenomenon of swindle subsidies by internet brushing single is becoming more and more serious.Therefore,to standardize the economic order of the Internet,it is necessary to try to find a solution in the field of theory and practice,and provide reasonable standards of judgment about swindle subsidies by internet brushing single.There are five part of this text:Chapter one is a real case as the logical premise of behavior identification,which indicate the controversial issues and the practical challenges.the main controversial point is how to classified behaviors up to now,besides,there are different ideas about the indicate of accomplished offense,the amount of crime and how to apply the rule of overlap of law.There are three points about behaviors classifying:Theft,Fraud and Contractual Fraud,and the normal practice at judgement is taking the point of Fraud,but there have inadequacy.The author will offer different theories about the three points,and triggers the discussion about the following content.Chapter two is the clarity of leading questions.In this part,there is a brief introduction about types of internet brushing single.According to the introduction of new cybercrime about internet brushing single,we can classify swindle subsidies by internet brushing single into property crime,and give author's personal opinions so that we can treat it as crime.Besides,there are analysis about the property of electronic coupons and website points so that we can supply a theoretical premise or a judgment standard to the indicate of accomplished offense,the amount of crime and how to apply the rule of overlap of articles of law.Chapter three is the qualitative analysis between Theft and Fraud.Theft and Fraud belong to property crime,however the behavior structure between them is quite different.It is still worth discussing about the definition of the behavior of swindle subsidies by internet brushing single.In the author's point,there are some unreasonable aspects of defining this behavior as Theft or Fraud.Therefore,the author presents personal opinion in this chapter.Chapter four is discussing the theoretical basis for defining the behavior of swindle subsidies by internet brushing single as Contractual Fraud.By means of analyzing the agreement nature signed by the commercial tenant and the e-commerce platform,constitutive elements of crime,circumstance of the crime and combining the concrete cases,the author summarizes the basis of defining this behavior as Contractual Fraud.The main content of Chapter five is the solutions of focus of dispute in judicial practice.This chapter includes the analyses of accomplished offense criterion,amount determination and the overlap of law articles to provides some reference for the judicial practice in the future.