Study On The Differentiation Between The Crime Of Theft And The Crime Of Fraud Under The New Way Of Payment

Theft and fraud are two common crimes in judicial practice.With the development of information technology,the emergence of new payment methods,especially the use of two-dimensional code scanning to pay becomes more and more popular that makes the methods including theft and fraud into one of the cases become more and more complex,it also makes the boundaries between the two crimes become more blurred,so it will be difficult to distinguish the two crimes.Under the circumstances of the new payment method,defining the boundaries between theft and fraud will be helpful for the conviction and sentencing of the offenders.This paper takes the case of stealing two-dimensional codes as an entry point.We can clarify the boundaries between theft and fraud by combining the relevant theories of criminal law under the new payment method,finally these will provide some reference for judicial practice.Two-dimensional code case as an example,there have been qualitative disputes in the theoretical circle of criminal law,namely theft,fraud,triangular fraud and new triangular fraud.Thus,there is a dispute between theft and fraud in the behavior of actors.In order to clarify the nature of the actors,it is necessary to make a deep analysis of the distinction between theft and fraud with the help of the relevant theories of criminal law.Firstly,combining the factual and normative elements of possession in criminal law to identify the subject of possession of property crimes,so as to solve the problem of who is the victim in two-dimensional cases.Next through the analysis of the behavior structure of the two crimes,the types of theft and fraud are defined.It is clear that theft belongs to the"other damage" type of property crime,and fraud belongs to the "self-harm" type of property crime.Then,by analyzing and comparing the theoi*y of competition and non-competition in criminal law,it is affirmed that the relationship between theft and fraud is mutually exclusive,thus purifying the elements of distinguishing theft from fraud.Secondly,the key to distinguish theft from fraud is punishment.Combining the theory of punishment behavior and punishment consciousness in criminal law,we can judge whether the actor in two-dimensional code case has punishment behavior and punishment consciousness to identify the nature of the actor.In order to further determine whether the perpetrator constitutes an indirect principal offender of theft or a triangular fraud,we can accurately judge whether the customer has the power or status of punishment with the help of the relevant theoretical knowledge of the power of punishment in criminal law,so as to realize the accurate conviction and sentencing of the perpetrator.Finally,combined with the relevant theoretical research on the distinction between larceny and fraud in criminal law,the two-dimensional code case is evaluated and identified,and the perpetrator's behavior is finally recognized as the crime of larceny and not the crime of fraud.