Qualitative Analysis Of The Behavior Of Stealing QR Code To Get Money

Payment two-dimensional code not only brings convenience to our life,but also provides fertile soil for new property crimes and becomes the weapon of criminals.Property crime is one of the most common types of crime in our country,and its means of crime are too many to deal with.In recent years,the incidents of stealing receipt QR code to obtain other people's property occur frequently,and there are many different opinions on this behavior in the theoretical and practical circles.The emergence and popularization of new payment methods represented by scanning receipt QR code not only makes the case more complicated,but also increasingly blurs the boundary between theft and fraud,which brings many problems to the theoretical and practical circles.Therefore,it is desirable to solve this controversial problem.Whether in theory or in judicial practice,in the case of stealing two-dimensional code to get money from merchants,it is considered that it constitutes theft or fraud.The author agrees with the theory of common larceny.By replacing the merchant's collection QR code in advance,the actor successfully intercepts the price that should have been paid to the merchant's account when the merchant does not pay attention to covering his QR code until the consumer pays for the goods or services.In this process,the actor and consumers and businesses do not have direct contact and communication,it is in the other party's ignorance of the possession of other people's money through the secret way to transfer to their own account,the transfer of money against the intention of the parties,constitute the crime of theft.The existing opinions in the theoretical circle can be divided into the following: first,there are two categories of theft and fraud.Theft is divided into ordinary theft and indirect theft,while fraud is divided into ordinary fraud,triangle fraud and new triangle fraud.Secondly,even more people think that fraud and theft can not fully explain the behavior of stealing receipt QR code to get money,and they think that they can only commit themselves to the crime of embezzlement.As we all know,different charges have a decisive impact on the conviction and sentencing of the offender.We should not ignore the protection of the interests of the offender and the perpetrator while protecting the interests of the victim.Therefore,it is urgent to define a set of standards for this behavior analysis as soon as possible.In this paper,the current theory and practice of relatively popular two-dimensional code case as a starting point,from shallow to deep to analyze the behavior of stealing two-dimensional code to get money,in order to clarify the essence of a thing,we must have an overall grasp of it,the first part of this paper,through the inclusion of the connotation,characteristics and types of the current use of two-dimensional code for criminal behavior,to get a better understanding of the two-dimensional code Secondly,through the understanding and elaboration of the current academic circles about the behavior of stealing receipt QR code to get money,which is relatively dominant,it paves the way for the next step to use specific cases for analysis;Besides,with the assistance of the most recent significant instances of China Judgements Online,this paper makes a further investigation on the conduct of replacing QR code to get money.With the help of specific cases,it points out that there is indeed the problem of "different judgments for the same case" at present,and expounds the author's own shallow opinions on the focus problems existing in the process of case trial.At the same time,in order to ensure that all the cases are summarized,plus the analysis of the situation of stealing electronic two-dimensional code;finally,the author specifically talks about some views on the reasonable qualitative behavior of stealing receipt two-dimensional code,and draws the final conclusion,suggesting that the general stealing paper two-dimensional code should be defined as ordinary theft,and the stealing electronic two-dimensional code should be defined as fraud.