Qualitative Analysis Of Several Subsequent Infringe Property Behaviors Of Stealing Mobile Phone

Stealing mobile phone is one of the most common harmful behaviors in daily life.With the development of intelligent mobile phone,many applications downloaded and installed by mobile phone and various information stored in mobile phone make original simple theft become complicated.After the perpetrator steal the mobile phone,whether the perpetrator will also carry out other behaviors,whether the perpetrator will violate other legal interests,this is the author based on the current situation of mobile phone use and theft of mobile phone phenomenon thinking.After case retrieval and data analysis,the author learned that after stealing the mobile phone,the perpetrator is more likely to use the bank card information and social communication account information bound to the mobile phone to commit other property rights violations.The author selected several follow-up behaviors of infringe property frequently occurred in practice for research,trying to make a reasonable analysis and accurate definition of the nature of these behaviors,and discuss the problem of the number of crimes.The author based on the combination of case and theory,and based on elements of crime theory,starting from the condition related to crime,conducting a qualitative analysis of the three behaviors of stealing bank card funds from the third-party payment platform,asking the owner for money,and pretending the owner identity to defraud relatives and friends,these behaviors should constitute credit card fraud,extortion,and fraud.If the perpetrator steal the mobile phone and then carry out the above behaviors,the judicial practice should implement the principle of combined punishment of several crimes according to the behavior nature and the number of crimes of the perpetrator.The author puts forward his own views and opinions on the phenomenon in this field,hoping to make a modest contribution to the judicial practice of China in dealing with such cases.