A Study On The Judicial Determination Of Scalping Train Tickets

Since China’s reform and opening up, the market economy continuousimprovement and development, the price is determined by supply and demand,resources are configured by the free market, has become the consensus ofthe people.Only through competition, to bring vibrant economicdevelopment in China, can be effective configuration of resources.Chinarailway still in a monopoly position, the ticket prices have not changedin more than a decade, and a wide range of scalping tickets behavior isendless everywhere.Difficult to obtain a train ticket during the SpringFestival, tickets traffickers makes people exempt from the pain of queuing,the difficulty of the run around. The daily life scalping objects are notlimited to the shortage of daily necessities and production materials inthe planned economy era. From the hospital to the World Expo, from thecoupons of the mall to the housing\stock\futures, as long as there areprofits, there will be all sorts of unexpected reselling.In the era ofplanned economy, in the China’s Criminal Law issued in1979, scalpingtickets crimes included in the crime of speculation and other commodityreselling,1997Criminal Law abolished the crime of speculation, the newcrime of illegal business, and establish separate crime of scalpingtickets.Spring Festival migration of Chinese people being one of thewonders of the world, scalping tickets behavior stemming from theextreme imbalance of market supply and demand, its purpose and scope of the criminal law to regulate it in the end is what? For a long time, lawand judicial interpretation of scalping tickets is relatively simple andgeneral, criminal law scholar has no interest in. For law difficult tooperate and the lack of a unified identification, Face a variety ofjudicial practice of scaping tickets behavior, resulting in judicialstaff awareness of the crimes cases controversial issues of scalpingtickets vary. This article is divided into a total of four chapters. Thefirst chapter analyzes some of the controversial issues of the constituentelements of the crime of scalping tickets.The second chapter puts forwardthe viewpoint to purchase train tickets behavior, The thirddiscrimination boundaries to make the crime of scalping tickets, whilethe fourth chapter is put forward suggestions for improvement of the crimeof reselling tickets. The author believe that the identification of thecrime of scalping tickets, should not only consider the meaning ofreselling acts already in the Penal Code, but should be combined with thecriminal law as well as the legal interests. Characteristics of scalpingtickets crimes should focus on cracking down on illegal transactionsbetween the supplier and the traffickers.Purchasing tickets behavior isis certainly reasonable significance,can be regulated.