Research On The Case Of Changing QR Code

Larceny and fraud are common crimes of property infringement in judicial practice.there are many difficult.to distinguish between them Nowadays,with the progress of science and technology and the evolution of crime patterns,the criminal cases of theft and fraud in " mobile phone payment" are more complicated.as a result,when determining whether to establish larceny or fraud in such criminal cases,differences and disputes continue.the result of " different sentences in the same case" often appears in.Starting from a controversial case and combining theory with practice.In this paper,we enumerate all the controversies in the academic circles on a case of secretly exchanging business two-dimensional code for payment collection on the Internet such as“general larceny theory”,“the theory of indirect perpetrator of larceny ”,“general fraud theory”,“the theory of indirect perpetrator of fraud”,“the theory of tripartite fraud” and “the theory of bidirectional fraud”.This paper analyzes and responds to “general larceny theory”,“the theory of indirect perpetrator of larceny ”,“general fraud theory”,“the theory of indirect perpetrator of fraud”,“the theory of tripartite fraud” and “the theory of bi-directional fraud” and other theories from the objective properties of larceny and fraud including “concealment” and “ownership ” of larceny and “means and methods”,“misunderstandings” and “disposal of property” of fraud.The first part of this article focuses on this paper briefly introduces the basic situation of the case and the controversy in the theoretical circle,and accordingly points out the viewpoints of the theoretical and practical circles.The second part of the article focuses on the objective characteristics of larceny,starting from the "Concealment" and "Possession Relationship" of larceny,this paper analyzes the "general larceny theory" and the "indirect positive crime theory of theft".The third part of the article focuses on the objective characteristics of fraud,starting from the "means of implementation","wrong understanding" and "disposal of property" of the crime of fraud,this paper analyzes the "general crime of fraud","indirect positive crime of fraud","triangle crime of fraud" and "two-way crime of fraud".The fifth part of the article focuses on combining with the legal principles explained above,this paper makes a legal analysis of the nature of this case,and responds to the relevant cases of the theoretical and practical circles.The fourth part of the article focuses on the deep objective characteristics of the two crimes are compared,from the "connotation of disciplinary action" and "expression of awareness of disciplinary action",this paper makes a legal analysis of the difference between fraud and theft.The fifth part of the article focuses on combining with the legal principles explained above,this paper makes a legal analysis of the case from the perspective of "the time when the crime was completed" and "the identification of the victim",and makes an analysis and answer to the relevant cases put forward by the academic circles.