| With the rapid development of the current national economic and China into high-speed railway transportation time, the railway transport has become more and more important to transportation. And as the whole social mobility factors greatly improved, passengers and insufficiency of liquidity demand contradiction increasingly intensified railway passenger transport, especially insufficient contradiction especially sharp, and the contradiction in quite a long time really can’t be solved. In this case, there appear a large number of scalper long-term stationed in railway station, they queue, even by catch technically still hire people queuing, pull cage, corrosion of railway station worker method, a large number of absorbing all kinds of spruce ticket scalping to need, then high ticket passenger, earn price difference, disrupting the station of ticketing order, also violated the normal passenger train ticket opportunity interests lawfully obtained.Since the real-name train ticket selling system was carried out on trial during the 2010 Spring Festival season at some stations of Guangzhou Railway Group and Chengdu Railway Bureau, train ticket scalping has taken on some new forms. There have been a number of debates in railway authorities in their effort to crack down such new crimes and the different opinions have caused barriers in the crackdown. So far there have been no theoretical studies on the scalping-related crimes under the name-based train tickets system in China. This paper intends to make a research and analyses into the new problems that has emerged since the real-name system was introduced, thus to provide theoretical support for fighting against the new crime forms. This paper describes the current Crime of scalping tickets by means of substantial investigation and analyses the current problem in judicial practice by means of statistics and questionnaire positively.The introductory part deals with the origin of the issues and makes clear the research direction, providing an overall picture of real-name train ticket system in China and the current situation in criminal punishment research concerning the train ticket scalping.The first part of the paper demonstrates, by enumeration,the new crime forms in scalping train ticket under real-name system and the difference between the new forms and the traditional ones.The second part of the paper summarizes the origin and current situation of fighting against scalping crimes in China, analyses the present legal research status and the lack of research into the scalping crimes under current law and regulations.The third part analyses, from different perspectives, the illegality and harmfulness of scalping under real-name system, and further analyses the value to impose criminal sanctions for serious scalping conducts.The forth part is valuation of the scalping behaviour from legal point of view, including such questions as the nature of the train ticket, the difference between scalping and buying tickets on behalf of others and the demarcation line between scalping that constitutes a crime and scalping that is just violence of law.Finally, in this paper, put forward the conclusion of real-name ticket can’t solve the buying problems and puts forward curb scalping tickets behavior, except to wade ticket internet-wrecking crime outside, improve blow rail capacity is the fundamental way to solve the problem. |
