A Case Study On The Crime Of Forging Or Reselling Forged Valuable Tickets

With the rapid development of the tertiary industry such as entertainment and tourism,the traditional valuable ticket such as train tickets,bus tickets,stamps,etc,is no longer the criminal object of making a profit.More and more criminals make profit by forging or selling fake tickets,fake VIP coupons,fake recharge card and other valuable tickets.In the judicial practice,there is no uniform conviction for the conduct which refers to the act of forging valuable tickets firstly and selling:some people think it is the crime of fraud according to the theories of the implicated offense;some people are considered to be the crime of forging valuable tickets on the basis of the principles of the absorbed criminal;some people believe it is the crime of forging valuable tickets and the crime of fraud,and the behavior should be punished by all the crimes;some people think it is the crime of forging or reselling forged valuable tickets.The author thinks that the act of "forging the valuable ticket and selling them" should be regarded as the crime of forging or selling forged valuable tickets.Because this kind of behavior meets the constitution of the crime of forging or selling forged valuable tickets,and in determining the number of crimes,judging the crime of forging or selling forged valuable tickets meets the principle of full evaluation and the principle of prohibiting repeated evaluation,and it reflects the modesty of criminal law.This article reject the view of constituting the crime of fraud,for reasons:the act of "forging the valuable ticket and selling them" is not conform to the logic of the crime of fraud;the object violated by the behavior is not limited to the ownership of public and private property,which is required by fraud,including the socialist market economic order;in the criminal law,when the provisions of "special fraud" competes the provisions of the crime of fraud,the rule of“special law should be prior to the general law" should be applied.This article is against the argument of constituting the crime of forging valuable tickets,for reasons:conviction by the principle of the absorbed criminal causes logical contradiction;identified as the crime of forging valuable tickets does not meet the requirements of the principle of full evaluation.This article denies the view that the behavior is the crime of forging valuable tickets and the crime of fraud,and the behavior should be punished by all the crimes,for reasons:" reselling”behavior involves the behavior which the perpetrator sells his own forged tickets;punished by all the crimes violates the principle of prohibiting repeated evaluation and the modesty of criminal law;selective accusations is the essential one crime and when a person violates multiple selective elements in a selective accusation,he should not be punished by all the crimes.