Research On Property Crime Involving QR Code

The payment of QR code has taken place in human social life,and it has also caused a series of new property crimes.This article focuses on the crime of theft and fraud.As property transfer mode diversification and mobile generalization,wade QR code property crime is not only the property crime to possess,the cognizance of the object and the victim thinking,also hit the fuzzy area of theft and fraud.It is difficult to understand these problems with traditional criminal law theory,therefore,it brings great difficulty to the handling office.The author analyzes the academic controversy points caused by the new type of theft and swindling property crime.This paper is divided into four parts.The first part: the case introduction and the controversial focus.Firstly,brief introduction of the basic situation of the case,the result of the judgment and the reason,and then combing the views of the academic circles on the case,to find out the controversial focus by comparing these views.Part two: the nature of the payment behavior of QR code and the significance of criminal law.There are four problems in this chapter.Firstly,the concept of QR code,the principle of payment and the qualitative of the QR code of this case are clarified,and the nature of the payment behavior of QR code is revealed.Secondly,by exploring the ownership of the criminal law and demonstrating the payment to the merchants,the criminal possession in the payment of the QR code is introduced.Then,it is argued that the creditor's right is a property crime,the object of the crime is the creditor's right,and the property crime object in the payment of the QR code is analyzed.Finally,by discussing the difficulty of identifying the victim,the victim in this case is the merchant,and the victim identification in the payment of QR code is explained.Part three: whether the act of changing the QR code constitutes a crime of fraud.This chapter is a detailed analysis of fraud,"triangle" fraud and new type "triangle" fraud.The argument does not accord with(typical)the crime of fraud is based on the construction of the crime and the focus of this case is discussed.Whether the argument conforms to the crime of "triangle" fraud,and whether the client has the sanction authority and status in this case,it is not consistent with the crime of "triangle" fraud.In the analysis of the crime of the new type "triangle",it is clear that thestructure is not reasonable.In the end,a typical case of QR code fraud is used to reveal the characteristics of crime.The fourth part: the theft of qr code is a crime of theft.This chapter is about the indirect crime of theft and the crime of theft.First of all,it is to prove the standard of indirect crime of theft,and it is close to the indirect principal of theft.In the nature of theft,the core point is the secret theft,the possession of the relationship change,the argument constitutes larceny(direct crime).Finally,a typical case of a QR code burglary is used to reveal the characteristics of the crime.