Research On The Cognizance Of The Crime Of New Network Resale Ticket

New-type network reselling ticket behavior is the transfer ticket behavior that the actor uses the network to facilitate on-line implementation.The new type of network ticket dumping does not constitute a crime of course.If the behavior of network ticket dumping is in accordance with the constitutive requirements of the crime,it is the criminal act of legal interest infringement.The crime of new-type network reselling ticket is a kind of behavior which is carried out on-line on the basis of the subjective intention of seeking the economic benefit of reselling ticket.It can be seen from its concept that its characteristic is that the new type of network selling ticket crime is both network crime and classics Economic crime,with virtual,hidden,across time and space,interdisciplinary complexity.The new type of network ticket selling crime is a new type of crime committed by the perpetrator relying on the network environment and the real name system to use the above characteristics with new criminal methods and means.The change of the social background makes the crime means and the field of execution change,and also makes the specific manifestation of crime different from the past.Article 227,paragraph 2,of the Criminal Code,the crime of reselling tickets is aimed at the old social background and the enforcement field,when the perpetrator mainly sold paper tickets off the line by "buying first and selling later ".Due to the limitation of the legislative technique and legislative background at that time,the second paragraph of Article 227 of the Criminal Law expresses the crime of reselling the ticket rather loosely and obscurely,and does not explicitly enumerate and stipulate the core act of "reselling" the crime of reselling the ticket.The behavior pattern of buying and selling paper tickets determines the selling behavior.If it does not conform to this model,it can not be regarded as reselling.This model has certain rationality at that time,but in the network age real name system ticket sale today has the lag,because the online implementation network inverted ticket behavior the criminal object is no longer the traditional paper ticket,but the virtual ticket information is the "order number,flowing number" formed by booking tickets on the network.As a result of the reform of the real name system of the train ticket,the passenger who sells the ticket is determined.Although the perpetrator can not carry out the reverse ticket behavior of "buy first and then sell" the paper ticket as before,he can transfer the information of the ticket,that is,the new type of ticket,to commit a criminal act In the new social context,ticket reselling may still exist in a new form,and infringe more legal benefits due to theconvenience and virtuality of the network.Fair choice and free choice of ticket purchase,personal information and property security of consumers,etc.The criminal behavior of the new network reselling ticket should be regulated by the criminal law because of its social harmfulness,but there is no clear legal or judicial interpretation to stipulate it at present.Based on the constitutive elements of the new type of network ticket reselling crime,this paper tries to find the legitimate basis for the criminal behavior to be regulated by law.