Study On The Determination Of The Nature Of The Behavior Of Replace The Two-Dimensional Codes

With the extensive use of mobile terminals and the rapid development of mobile Internet,mobile payment is gradually replacing the traditional cash payment and card payment.Of course,this popularity has also spawned new crime patterns.In the past two years,cases of " stealing two-dimensional codes" have occurred all over the country.Due to the novelty,concealment and fraudulence of criminal methods,the characterization of replace two-dimensional codes from merchants has attracted the attention of the public and has been widely debated in the criminal theory and practice circles.The controversy over the characterization of such acts has returned to the crime itself,that is,the controversy over theft and fraud.As for " stealing two-dimensional codes" is a means behavior,so,in the final analysis,the emergence of new technologies leads to criminal means following technological " innovation".Therefore,we need to discuss such new behaviors and accurately determine their nature in order to realize quasi-definite punishment,avoid different sentences for the same case in judicial practice,meet the requirements of criminal law principles that crime and punishment are compatible,and realize judicial fairness.This article is divided into four parts.First of all,the development status of third-party payment in China is described,and the differences between third-party payment and other payment methods are understood from the broad framework.Secondly,two-dimensional code payment,which plays a key role in third-party payment,is discussed.This paper makes a comprehensive analysis from three different angles:the composition of two-dimensional code,its academic definition and the relevant provisions of relevant laws and regulations in China,and introduces relevant precedents.Finally,the difference between two-dimensional code payment and traditional payment methods is analyzed.Of course,two-dimensional code payment is analyzed from the perspective of criminal law and the significance of two-dimensional code payment methods in the crime constitution system.Then,it analyzes the debate about the conviction of " stealing two-dimensional codes" in practice.At present,the debate is divided into two parties.One party thinks that such acts constitute theft.The other group thinks that it is fraud.They respectively elaborate their views and make comparative analysis to analyze the various aspects of the crime of fraud.They argue that the act of stealing two-dimensional codes does not constitute fraud because of the lack of awareness ofPunishment and the act of punishment that constitute fraud.They support the author's point through negative argument that it constitutes theft.The last part is a detailed exposition and demonstration of the author's point of view.Stealing a merchant's two-dimensional code constitutes theft because the money belongs to the merchant's possession control in theory after the customer completes the payment action.Therefore,in this whole criminal act,the merchant is the party who suffers the loss in the criminal object and is also the victim who should be returned after the criminal proceeds are recovered in criminal proceedings.At the same time,it also made a simple response to other conviction views.