Study On Criminal Crime Involving Two-Dimension Code

This paper discusses about all kinds of criminal offenses involving two-dimension code in current practices and teases out the typical cases occurred in related regulatory practices and criminal judicial practices in recent years in detail to study the attribute and function of two-dimension code.Moreover,this paper analyses the main kinds and forms of crime involving two-dimension code to discuss and study the application of criminal law in all kinds of criminal offenses involving two-dimension code.Finally,basing the data statistics,this paper analyses current situation of crime involving two-dimension code in juridical practice in our country and puts forward some related strategies on dealing with the crime involving two-dimension code.Therefore,this paper would be divided into four parts mainly to illustrate the study on criminal crime involving two-dimension code in detail.What in the first chapter is the study of types of crime involving two-dimension code and the generalization of crime involving two-dimension code's specific forms.First of all,this paper discusses the basic conception,the working principle and the attributive characteristic of two-dimension code.Secondly,several fields in social application of two-dimension code are to be introduced,mainly including the field of transaction,government administration,social interaction and art.According to the exploration of technical features and applicable fields of two-dimension code,thispaper draws a conclusion that two-dimension code itself has two fundamental functions which are as an information media to connect the channel and as an information carrier or a credential.Basing this,the author classifies criminal behavior involving two-dimension code into two types.They are criminal behaviors which use information of two-dimension code to connect channels and use credentials function of two-dimension code's information.What is more,the former would be subdivided into criminal behavior which changes connecting direction of two-dimension code's information and criminal behavior which changes connecting content of two-dimension code's information.The latter would be subdivided into criminal behavior which acquires two-dimension code's information illegally and criminal behavior which changes credentials content of two-dimension code's information.Furthermore,the author introduces and discusses specific forms of all kinds of criminal behaviors mentioned above orderly.The second chapter discusses the application of criminal law on crime involving two-dimension code and the path to regulate.The criminal behaviors of improper use of two-dimension code technology mainly focus on the infringement of public and private property interests,followed by the infringement of citizens' personal information,the infringement of other people's intellectual property rights,the infringement of national tax collection and management order and other objects.In this regard,the author mainly probes into the theoretical disputes in judicial practice.What are included are the essential difference between larceny and fraud,the relationship between third-party payment accounts and credit card accounts,whether third-party payment software can be cheated,whether two-dimension code security label belongs to trademarks,the difference between the act of making out false invoices and the act of counterfeiting invoices and other issues concerned.As for these issues,the author shows clear view.Whether the victims behave act of disposition during the period of crime is the main element to distinguish larceny and fraud.Once a victim who has disciplinary authority transfers property or interests of property to the offender or a third-party under the domination of consciousness ofdisposition,then it can be concluded that the victim implements act of disposition.Hence,the criminal behavior implemented by the offender can be identified as fraud.What is more,the victim only needs to realize that he is transferring his own property and have a general understanding about his property rather than understand what the specific nature,type,value or quantity of the property he delivers clearly.Third-party payment is a kind of new type of credit card payment method,and actually the third-party payment account is ATM machine in electronic version essentially.If the offender uses the identification function of brain to implement fraud for the purpose of illegal possession,then this behavior should be identified as credit card fraud.Trademarks and anti-counterfeiting labels both belong to recognition technology used to distinguish products and services for protecting the intellectual property rights.Actually,the anti-counterfeiting labels belong to the trademarks,thus,two-dimension code anti-counterfeit labels belong to trademarks.To distinguish between the act of making out false invoices and the act of counterfeiting invoices,we should combine with the offender's subjective purpose and ways of acting.If the offender counterfeiting invoices and using them for the purpose of cheating national tax,tax evasion,embezzling or defrauding public or private property,then it shall be deemed as the crime of falsely invoicing.The third chapter analyses the current situation and characteristics of criminal behaviors involving two-dimension code in juridical practice in our country and elaborates some corresponding strategies to that.Besides,with the help of large data search function of related websites,the author studies and summarizes the characteristics of crime involving two-dimension code in our country by making five diagrams separately of annual number of cases of crime involving two-dimension code,distribution of location of crime involving two-dimension code,distribution of types of crime involving two-dimension code cases,overview of application of criminal penalty on crime involving two-dimension code and average term of imprisonment of crime involving two-dimension code from collecting and analyzing some cases of crime involving two-dimension code which are included in PekingUniversity of Law,Itslaw,China Judgements Online and other websites,and other typical cases happened in recent years in China.Finally,the author concludes that criminal offenses involving two-dimension code has three features.The first one is that it attacks interests of property and economic and social order.The second one is its high risk of being been attacked because of its low hazard identification.The last one is that the range of object is wide and the outcome it would bring can be very harmful.Additionally,the author would argue it mainly from prevention ability of service platform,the supervising ability and cross-regional cooperation ability of supervision departments,and regulatory intensity of judicial organs.To be specific,the service platform should improve their prevention ability mainly from improving security of software and establishing and completing the management system of risk.Furthermore,the supervision department should make the technical standards,improve qualification admittance standard,clear responsibility,establish department cooperation,carry out special operations,widen the channels of complaining and reporting of citizens,strengthen supervision,set up the two-dimension code pretrial mechanism,and establish a national two-dimension code database.Finally,completing the system of investigating and obtaining evidence involving two-dimension code crime and unifying judicial standard would be the necessary things to improve the judicial system and enhance intensity of judicial regulation.