Qualitative Analysis Of Two-dimensional Code Payment Case Of Stealing And Changing Merchant

Nowadays,the mobile Internet is infiltrating into all aspects of human life.With the development of smart phones,no matter adults or children basically have a mobile phone,the intelligent and universal use of mobile phones has changed the way people pay for shopping dramatically,and people's willingness and proportion to use paper money are gradually decreasing.In accordance with it,in the property crime,the means of committing crimes are also changing.Because different scholars have different starting points for the analysis of these means,there may be different views on the identification of these new means of committing crimes,which will affect the identification of the charges.Specifically,it can be summarized as the different nature of the new criminal means,which is not only a new topic for many scholars in the criminal law field,but also a new challenge for the judicial organs to determine the nature of related criminal acts.Even if it is a new type of criminal means,it will not go beyond the scope of the theory of the nature of crime,and it can still be called metamorphosis.To reveal the nature of new criminal cases brought about by technological progress is the difficulty faced by judicial practice and theoretical circles,so no matter judicial personnel or criminal law scholars can continue to use property crime legislation and theory to regulate their understanding and application.For example,in recent years,the business model of using QR code as payment medium has gradually come into people's eyes.Although the two-dimensional code payment method has brought great convenience to people's life,it also provides opportunities for some lawbreakers,so some new forms of crime begin to emerge,so the two-dimensional code case is the representative of this kind of problem.The dispute focus of this kind of case is first of all,whether it is to steal others' property,or to make up facts and conceal money by changing the two-dimensional code The second is whether the victim of the two-dimensional code case is a business or a customer;the other is whether the object of the two-dimensional code case is a specific property or a creditor's right;the object of the case is whether the customer or the business has a punishment consciousness;the last is whether the business has possessed the object of the perpetrator's infringement.This paper first introduces the handling of this problem in the practice field by taking several typical cases as examples,then introduces several viewpoints and the focus of controversy in the academic field on the payment of QR code by the business stealing and changing,andfinally analyzes and proves that the payment of QR code by the business stealing and changing does not constitute the crime of fraud,but should constitute the crime of theft.