| In the contemporary society where scientific information technology is developing rapidly,the economy is also moving forward with science and technology and the transformation of payment methods is the most representative one.After a certain adaptation period,the new payment method has become the mainstream payment method of the economy and society.Thus,new types of crimes have emerged and the most common is the behavior of replacing the QR code.In 2017,in Hezhou,Guangxi,there was a case that the two-dimensional code used by the store to collect money was used to invade other people’s property.There was a big controversy over the behavior of the actor’s replacement of the two-dimensional code,which aroused extensive discussion in the academic community.The theft said,the fraud said,and the competing theory came one after another.In addition to this fight crime and sin of Peter,there are some controversial between each specifically identified internal theory of behavior.The controversy in replacement of two-dimensional code stems from the behavior that different people found different angles,which will cause the existence of differences in the identification of the crime.The premise and key to conviction and sentencing in judicial practice is the quasi-determination of criminal behavior according to the elements of crime.Therefore,the behavior of replacing two-dimensional codes should be accurately characterized in criminal law.It is not only a theoretical research summary,but also a certain reference value for the identification of similar behaviors in judicial practice.The essence of two-dimensional barcode payment is theprerequisites for clarifying the characterization of the replacement two-dimensional code in criminal law.The behavior that the actor replace the two-dimensional code infringes on the property interests of the merchant,and the property interest is the protection legal benefit of the crime of infringement of property.The actor manipulate the collection QR code against the will of the merchant and illegally possess of property of the victim.Those behaviors as above are considered as the Crime of Theft and the actor is considered as the principal offender. |