On The Punishment Behavior Of The Crime Of Fraud Under The Internet Payment Method

The advent of the Internet age has brought earth-shaking changes to human life,and online payment has deeply penetrated all aspects of our lives.While providing convenience for life,it also provides new channels for some people with ulterior motives.In 2017,the "Zou Stolen QR Code Change Case" opened the scene of the judicial practice and legal theory circles on the identification of fraud crimes under the online payment method and the discussion on the distinction between fraud crimes and theft crimes.With the advancement of technological means and the continuous increase of payment platforms,such cases are increasing day by day.However,there is still no uniform standard for punishment in judicial practice,and there are still constant debates in the academic circle.To accurately determine the nature of such crimes,it is necessary to closely integrate the constituent elements of the crime of fraud,and correctly understand and apply the theoretical analysis of the punishment of fraud crime in both subjective and objective aspects.This article introduces the most typical recent "Li Wenjie’s case of stealing QR code".Through the analysis of the collegiate panel’s views and the final judgment,the divergent opinions in this case are whether the crime of fraud or theft is determined.The focus of the dispute is whether the act caused the victim.Voluntary disposal of property,whether there is a sense of disposal,etc.Based on the controversy in this case and the theoretical discussion in the current criminal law circle,the determination of the punishment of fraud crime is analyzed from both subjective and objective aspects.First of all,it should be clear what disciplinary action is? This article analyzes the viewpoints of several mainstream theories in the current academic circle and concludes that the holding transfer theory is the most appropriate way to define the punishment behavior.Secondly,it analyzes that the property interests appearing under the online payment method have the same status as the traditional tangible property,which is in line with the object of the crime of fraud.Finally,analyze the subjective level of punishment behavior from a unified subjective and objective perspective.By analyzing the connotation and necessity of punishment consciousness,it appears that we still insist on the necessity of punishment consciousness and clarify the content of punishment consciousness in determining the crime of fraud.Through the legal analysis of the legal issues related to the crime of fraud in this case,it is concluded that this case should not be recognized as the crime of theft,and the possibility of determining the new triangle fraud in the crime of fraud based on theoretical evidence provides a richer theoretical basis for judicial practice.