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Use Of APP System Vulnerabilities To Profit The Behavior Qualitative

Posted on:2020-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:S M ZhangFull Text:PDF
GTID:2416330572989938Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
With the development of social economy and science and technology,new technological products are constantly appearing,which makes people's life more convenient and faster,and also leads to the breeding of new criminal methods.This paper relies on a recent case in which Ye uses the mobile payment App system to make a profit,based on the current criminal law theory and legal norms,and systematically analyzes the controversial focus of the case according to the traditional criminal law.Analysis can lead to reasonable conclusions.In addition to the introduction,this article mainly includes the basic situation of the case,legal analysis,analysis and conclusion of the case,and research inspiration in this case.The first part: the basic situation of the case,this part introduces the case,the brief introduction,the disagreement and the focus of the dispute.The crimes involved were theft,embezzlement,fraud and credit card fraud.There are three different opinions on this case:Ye's behavior constitutes theft;second,Ye's behavior constitutes a crime of embezzlement;Third,Ye's behavior does not constitute a crime,and it is unjustly profitable in civil law.After analyzing the above different opinions,the focus of the dispute in this case is obtained.The second part: legal analysis of related issues.The main contents of this part are as follows: First,the understanding of “illegal possession” and its necessity to identify the crime of acquired property;Second,the necessity of “secret stealing” in the crime of theft and its It is determined that the analysis is carried out;thirdly,the nature of the "forgotten object" and its distinction from the "lost object" are analyzed;thus the viewpoint of this paper is proposed to provide theoretical support for the analysis and conclusion of the case.The third part: the analysis and conclusion of this case.Through the analysis of the second part,combined with the specific circumstances of the case,it is concluded that the behavior of a certain party in the case constitutes theft.The fourth part: the research enlightenment of this case.With the wide application of Internet technology,payment methods have also changed accordingly,and more convenient payment methods have emerged for electronic payment applications.It has also led to the emergence of crimes in new areas,and regulatory and legislative provisions in related fields should be strengthened.For new situations and new problems that arise in judicial practice,wecannot blindly adapt to judicial practice through legislative changes,and appropriate judicial expansion can be carried out when necessary.
Keywords/Search Tags:illegal possession, secret stealing, lost property, forgotten object, Larceny
PDF Full Text Request
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