The Qualitative Analysis Of The Case Of Replacing QR Code To Obtain Property

With the development of modern science and technology,especially the development of the network.The new payment method represented by Alipay and WeChat payment is convenient for our life.However,due to its own network technology loopholes and imperfect legal norms,it brings opportunities for new property crimes.Therefore,in the process of trading on the virtual platform,many new criminal methods are also derived.This thesis takes qr code case as an example to define the problem of possession of transfer between multi-method law relationships in virtual trading platforms by discussing criminal behaviors in special space.This thesis is divided into four parts:The first part: the basic situation and theoretical analysis and evaluation of the case.Take the first case of qr code decided by shishi court as an example,illustrates that both pratice and theory have controversial views on the case.And the focus of theoretical controversy includes five viewpoints:the type of behavior in this case is stealing or defrauding,whether the victim is the merchant or the customer,whether the crime object is a specific property or a property interests,whether the property has been occupied by the merchant,whether the customer has a disciplinary act,by citing the support scholars of various viewpoints and their opinions,and comments on each point of viewpoints,and then put forward the complexity of the case stems from:the lag of traditional theory and the means of crime are increasingly new and out of sync.The second part: discussion on the basic issues of the case.This part first proposes the common problem of property possession in the case of criminal and civilian cross cases.Exploring the essence of criminal law possession through extraterritorial reference and comparison of civil law and criminal law in possession.Secondly,focus on the behavior of the case,through the analysis of the behavior of theft and fraud,the method of demarcation of the means of behavior is further proposed.At last,in addition to the distinction of means behavior,the core difference between the two crimes is whether there is dispose consciousness and a theoretical analysis of the dispose consciousness.The third part: research conclusions of this case.First of all,it innovatively puts forward the essence of qr code neglected by the academic circle and the transfer path of the money in this case and summarizes the attributes of qr code case;Secondly,it summarizes the focus of the qr code case and argues that the case cannot constitute a ground for fraud.;Finally,based on the previous discussion,the case is justified in the case of theft.Epilogue:the theoretical significance and enlightenment of this thesis.This thesis takes qr code case as an example,hoping to answer the common problems of new property crimes,so as to provide reference for the future theory and practice.