Identification Of The Crime Of Larceny In Network Environment

With the rapid development of network,electronic payment has been welcomed by customers and businessmen because of its convenience.The change of anything will naturally lead to some new situations.Therefore,in the network environment,the manifestations of theft are becoming more and more diverse,and new questions arise in the identification of theft,such as the identification of new modes of conduct,the demarcation of the criterion of accomplished attempt,and the distinction between other crimes.These problems have led to differences in practice and theory,and the phenomenon of different judgments in the same case has emerged.The main purpose of this paper is to accurately determine the nature of theft under the network environment and effectively deal with this kind of crime.Taking the case of "two-dimensional code case for stealing" as an example,this paper focuses on the identification of theft under the network environment,which can be divided into the following parts:the first part discusses the scope of the object of theft under the network environment,namely,immediate creditor’s rights,virtual property,paid services and important information data on the network,etc.can also be the object of theft;the second part discusses the behavior of theft.This article holds that in the network environment,we should still adhere to the secrecy of theft,and discuss the identification of secret theft in the network environment in detail.The third part mainly analyses the criteria for defining the accomplished attempt of theft under the network environment,and holds that in the network environment,the accomplished theft should still adhere to the theory of "out of control".The fourth part mainly focuses on the demarcation of the distinction between theft and fraud.After discussing,this paper argues that the correct distinction between the two should be made from two aspects:who is the victim and whether there is a disposition action and disposition intention.Through the discussion of these problems,I put forward my own views and opinions,hoping to be beneficial to the identification of new theft under the network environment.