Analysis Of The Case Of Stealing The Collection Of Two-dimensional Code

In today's society,Alipay payment and WeChat payment have become accustomed to us.These electronic payment methods are what we often call “scan code payment”.Scanning code payment is a fast payment method that not only promotes economic development,but also enhances trading.Efficiency also brings great convenience to our lives,but it also breeds some problems.For example,in the judicial practice,there is a case in which the defendant secretly exchanges the two-dimensional code of the receipt posted by the merchant in the store with the defendant's own,so that the money paid by the customer to the merchant is up to the "defendant's hand." "," the case is called "stolen two-dimensional code case." In practice,there is a big difference in the definition of how to "steal the two-dimensional code case".This paper analyzes the case from the perspective of criminal law theory and judicial practice by studying the case of Zou Xiaomin stealing the two-dimensional code,so as to draw some problems between different viewpoints,focus on the focus of the dispute,and clarify the reasons for the dispute.Therefore,the defendant's behavior is analyzed,and the most reasonable and appropriate qualitative method is selected,and finally the qualitative problem with the most concentrated controversy in the current case is solved.The focus of the dispute in this case is who is the victim's problem,the possession of the property,and whether there is a problem with the property.The conviction of the case focused on theft,fraud(there are three specific convictions within the crime of fraud: ordinary fraud,"two-way fraud" and traditional triangle fraud)but the theft,fraud and traditional triangle fraud theory There were loopholes in the interpretation of the case.Professor Zhang Mingwei's new theory of triangular fraud crimes made up for these loopholes,and his theory closely matched the case.The new type of triangle fraud is based on the traditional triangle fraud,which is composed of: the defendant deceived the deceived person to make certain mistakes in cognition,and at the same time based on this cognition The wrongly disposed of the property owned by him has caused the victim to suffer losses.This does not violate the nature of the crime of fraud,but it still belongs to the triangular mode in the framework of the relationship.This new type of triangular structure enables the three parties in this case to find their own position,and there is no lack of evaluation of this case.Therefore,this paper thinks that the new triangle fraud proposed by Professor Zhang Mingwei is more reasonable.From this point of view,in the context of the new era,the key point that can make the criminal law still have rationality is to increase the thinking and research on new issues and new cases in criminal law,so that the actual interpretation of criminal law can be more precise and precise.