The Distinction Between Theft And Fraud Crimes

In September 2016,the issue of how to distinguish theft and fraud was brought to a new level of attention in the case of a "stealing QR code case" that caused a controversy on the Internet.The simple case has attracted huge qualitative disputes,which is related to the constantly updated criminal means,but it also caused a new round of thinking in the judicial and academic circles on the core separation of the two crimes.The case is simple but there is a huge difference in qualitative.There is a direct relationship between the classification of the crime of theft and the crime of fraud.The quasi-determinism of the case is the premise of correct sentencing.The study of the distinction between the two sins not only has theoretical value,but also has its practical significance.First of all,the focus of the core controversy in the case of "stealing the QR code" is two questions: one is who the victim is,and the other is the core elements of the distinction between theft and fraud.As an emerging payment method,two-dimensional code payment can not only be based on the actual situation,but also how the general concept of society views the payment behavior.From this point of view,it is obvious that customers buy things in the store,the object of their payment behavior must be the owner,whether it is the customer or the owner,the default QR code indicated by the store is the store's own collection of two Dimensional code,according to the normal path,the customer will pay the money to the store account.Based on the convenience and virtuality of two-dimensional code payment,it should be considered that from the moment the customer “scans the code” behavior,the store owner has already enjoyed the customer's payment.The act of stealing the QR code has damaged the possession of the store owner.So the victim is the owner.Secondly,in the issue of the distinction of crimes,it is always necessary to start from the constituent elements.Therefore,the relevant provisions of the law on the constituent elements of the two crimes are the starting point of analysis.Except for the constituent elements specified in the law,the unconstituted elements of the constituent elements It should also beconsidered at the same time.On the basis of analyzing the specific connotation of the constituent elements,we cannot ignore the function of criminal law in the setting of charges.From the beginning of the case,this paper summarizes the core dispute points between the crime of theft and the crime of fraud,and then compares the similarities and differences between the two crimes according to the characteristics of the constituent elements of the two crimes.Through these comparisons,the paper extracts The three core points of the distinction between the two crimes are the disciplinary behavior,the disciplinary consciousness,and the function of criminal law.Finally,combined with the conclusion that the article is at the theoretical level to distinguish the criteria of fraud and theft,affirm the status of the owner of the shopkeeper,analyze the case of "stealing the QR code" and conclude that the "stealing the QR code" case It constitutes theft.