Case Study Of Stealing Two-dimension Code

With the rapid development of the internet technology,the means of crime becomes varied,bringing puzzles for theoretical research and juridical practices.The case of stealing two-dimension code is one of the representative cases.The purpose of this article is to deeply analysis such a real case,come to a reasonable conclude,provide research approach for similar cases,and expect to provide feasible reference approach for juridical practices as well.In the case of stealing two-dimension code,there exists legal relation of sales contract between customer and shopkeeper,in which when customer make payment through scanning two-dimension code,shopkeeper in entitled to the creditor's right of customer,i.e.property interests.By means of stealing the dimensional code,the criminal exchanges the status of shopkeeper as a creditor,and then obtains property interests.The criminal does not implement fraudulent delict,neither shopkeeper nor customer generate erroneous declaration of will and disposing act,and shopkeeper has no sense of transferring of right he owns.The behavior of criminal is inconsistent with constitutive requirements of the Fraud,so that the behavior cannot constitute the Fraud.The behavior of stealing two-dimension code can be identified as public thievery delict.Through such nonviolent behavior,criminal cuts off the possession of right that shopkeeper enjoys and establishes his possession instead.Meanwhile,criminal has the purpose of illegal possession and obtains huge amount credit,such behavior is completely consistent with behavioral structure of the Larceny,so that the behavior could be considered as the Larceny.Though such behavioral structure is novel and special,we still can identify it as behavioral structure of the Larceny by means of legal interpretation.Furthermore,this interpretation will not violate the principle of legality.