| Commodity electronic trading not only strengthens the financial attributes of traditional spot wholesale transactions,but also avoids the disadvantages of the high risk of futures trading.It is an innovative trading model derived from China's commodity circulation system.Together with the other two types,these three unique trading models jointly promote the development of China's economic market.However,it is also because of the convenience of electronic trading of commodities that adopts futures trading systems such as margin mechanisms and medium-and-long-term trading models,so that some criminals see "business opportunities" in them,thus catching the express of spot trading.In practice,there are frequent centralized and standardized transactions in the market using physical trading platforms for physical delivery.The usual business model of this illegal trading platform is to develop member units or agents to trick customers into the platform to participate in the "virtual spot transaction" of gambling,and to earn customer investment losses by various means as the platform's profit method.Criminal crime cases that take the Internet illegal spot trading platform as the carrier continue to erupt throughout the country.Such cases often show the characteristics of wide area,large capital,and many victims.Therefore,it is easy to attract wide public attention.Through an inductive analysis of such cases,it can be concluded that there are two types of crimes in this type of crime: the use of existing trading platforms for crimes and the establishment of illegal trading platforms for crimes.The main behaviors are concentrated in the following four ways.First,set up or use the existing virtual on-site gambling trading platform,false publicity to lure investors into the gold operation,induce customers to reverse transactions or frequently operate intentional damage,and illegal trading platforms under special circumstances.Use software to directly modify data in the background to make chucks and slippages.It is through this series of interlocking operations that the perpetrators defrauded investors of property.There is much controversy in the application of criminal law in such cases,and the focus is mainly on the characterization of the crime of illegal business or fraud.The main reason isthat there are different perceptions of the behavior in specific cases.By analyzing the two crimes from objective behaviors on this issue,it is concluded that when there is a criminal situation where business conduct and fraud are intertwined,in the process of determining what kind of crime it is,a very critical point is to analyze the perpetrator.The objective manifestation of the behavior.The key to dividing the two crimes in this regard lies in whether the business behavior objectively exhibited by the actor is true and whether the transaction promised to the customer exists.At the same time,judging the subjective aspects of the two crimes by jurisprudence,that is,the distinction between "illegal business purpose" and "illegal possession purpose" is mainly due to different psychological attitudes and different objective behavior characteristics that are expected to harm the results.Based on the above conclusions,and the analysis of specific criminal behavior patterns,it is concluded that the use of this virtual transaction with investors to conduct gambling to earn customer losses constitutes the crime of fraud.At the same time,due to the complexity of such crimes,the large number of people involved in the case,and the difficulty in collecting evidence,the criminal liability of those who provide technical support for building the platform and those who provide payment settlement channels for banks or financial institutions is often ignored.Problem,but these related parties provide the necessary help behavior for the trading platform to successfully commit the crime,which is also a key part of the criminal behavior.According to the newly added "Helping Information Network Crimes" in Criminal Nine,the behavior of this crime is "knowingly" that others use information networks to commit crimes,and still provide Internet access,server hosting,and technical support such as payment calculations for criminal activities.,Just in line with the behavior of the related parties,can be used to deal with the specific help behavior involved in the case;meanwhile,provide illegal member units with a "criminal cradle" as a legal trading center.Fraud victims' property shall be dealt with in accordance with the same crime as the fraud criminal.Only by all-round interception from the source of the crime can we effectively implement criminal regulations for criminal acts.In today's era,more and more spot transactions begin to be completed through the Internet.At the same time,the convenience and extensiveness of the Internet have createdconditions for this new type of cybercrime,and have caused great social harm,resulting in the healthy development of the market economy.Suffered great impact and destruction.Based on this,it is necessary to combine the actual and legal principles to analyze the commodity electronic transaction crime from a comprehensive level,study the crime and qualitative of such crimes,in-depth discussion of the criminal regulations involving illegal spot trading platforms,and look forward to the application of relevant laws Issues are clarified to strengthen the legal regulation of such crimes.In this way,it will play a very good role in promoting the healthy development of China's spot market. |
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