Qualitative Research On Money Infringement Of Swapping Payment QR Codes

In the past two years,the continuous development of a new technology,that is,the payment method using mobile phone two-dimensional code as a channel,and the widespread use of people,have gradually replaced the traditional cash payment method,and the popularity of mobile payment in China has also grown rapidly.With the development of information networks and the evolution of crime forms,criminal cases filled with theft and fraud have become more difficult to handle.There are also many differences in the nature of this part of the case,which makes "the determination of the same type of case "Different results" often occur.Cases of "illegal access to property by stealing QR codes" also exist in this type.The actor illegally obtains the property of another person by replacing the original payee's QR code,because this type of case is more flexible and convenient than the traditional property crime,and has a high degree of concealment,usually involving people More cases make the case itself more complicated.How to judge whether the behavior belongs to theft or fraud is the focus of this study.Based on the enumeration of related cases,this article discusses the types of crimes in the cases.First,the nature of the victims and QR code payment behaviors in this type of cases are qualitatively identified,and the "property"of WeChat accounts belongs to criminal law In the category of property crime protection,the merchant is deemed to be the victim of the case and should be compensated accordingly.Secondly,by comparing the basic situation of such cases,court judgments and different opinions of the academic circles,the differences of the three acts of theft,general fraud and triangular fraud are demonstrated,and the different viewpoints of the three acts are explained separately.Finally,the rationality and value of the triangle fraud of this kind of behavior are analyzed.In this dissertation,the case facts are compared with legal regulations,and relevant laws are studied,considered,and changed.The "identity" of property violations is used as the theoretical basis for this study.In the face of case facts,a reverse step method is adopted,Accurately identify the acts of money delivery involved in the case,and resolve disputes in related cases in the theoretical world.