Research On The Case Of Secretly Changing The QR Code

The main reason for the controversy in practice and theory is that the criminal law of our country has not made a clear distinction between property and property interests in property crimes,so that there is a greater ambiguity in distinguishing between property interests of theft and property interests of fraud.In order to maintain the unity of the constitutive elements of the crime of fraud and distinguish it from the interests of property theft,it is still necessary to insist on the theory of "the necessity of punishment" when demonstrating whether the interests of property fraud are established.In order to maintain the finality of the constitutive elements of theft and prevent theft from becoming a pocket crime of property crime,we should clarify the facts of the case and the essence of transfer of possession,and classify the acts of theft of property interests.In the case of two-dimensional code-switching,although the behavior of the perpetrator conforms to the general type of property-stealing interests,its essence is not to obtain benefits directly,but to obtain the interests of the victim by deceiving the third party,which conforms to the behavior structure of triangular fraud and should be characterized as triangular fraud.In order to prove the case of stealing two-dimensional codes,the full text is divided into five parts:Chapter 1,through the form of case,puts forward the problems encountered in the qualitative analysis of the case of stealing two-dimensional codes,and briefly summarizes the various theories of the case.Chapter 2,the author demonstrates the three internal theories of theft,and focuses on the analysis of the theory of theft of property and the theory of indirect principal offender of theft,so as to exclude the perpetrators from constituting indirect principal offenders of theft or theft.Chapter 3,the author demonstrates the three internal theories of the crime of fraud,and focuses on the analysis of the problems between the two theories of fraud and the crime of two-way fraud,so as to exclude the actors from constituting two-way fraud or two-wayfraud.Chapter 4,the crime of embezzlement and its problems are analyzed.To clarify the property crime that does cause the infringement of legal interests,we should not take the crime of embezzlement as the sole charge because of the slight difficulty in interpretation.Chapter 5,after comparing the regulations of property interests at home and abroad,tries to put forward the general type standards of property interests of theft,as well as the distinguishing standards of property interests of theft and fraud.On this basis,the qualitative analysis of the case of stealing two-dimensional codes is carried out.It is believed that the perpetrator constitutes a triangular fraud of property interests.