Research On The Criminal Law Dispute Of "Bullying" Bicycle Sharing Crime

Bike sharing has become a widely used means of transportation throughout the streets.On the one hand,it provides great convenience for people’s life,on the other hand,it also brings great challenges to social order.The phenomenon of "bullying" bike sharing occurs from time to time,such as private possession,private lock bike sharing,replacing two-dimensional code for bike,throwing bike into rivers and lakes,smashing bike and so on.Some behaviors have reached the extent that it is necessary to use criminal law to regulate them.The criminal act of "bullying" bicycle sharing refers to the act of taking bicycle sharing as the object of action,which hinders the normal use of bicycle sharing and constitutes a crime.The common types of "bullying" bicycle sharing crime are: "illegal possession" type of "bullying",replacement of two-dimensional code type of "bullying",destruction type of "bullying".On the premise of meeting the amount condition,in the crime of "illegal possession" and "bullying" bike sharing,firstly,the standard of the accomplished theft of bike sharing is "out of control and the sharing function is destroyed",and the time point of the accomplished theft is not affected by the positioning device of bike sharing.Second,for the two cases of private lock on bike sharing,it may be a crime of theft to lock the bike sharing without proper unlocking procedure.The crime of stealing bike sharing must have the purpose of "illegal possession" with the content of "serious or permanent impairment of possession".After the proper unlocking procedure,if the "purpose of illegal possession" is generated before unlocking,it still constitutes theft;the "refusal to return or hand over" of the crime of embezzlement is the real constituent element,if the "purpose of illegal possession" is generated after unlocking,and the actor refuses to return or hand over before filing a case in the court or being captured by the public security organ,he should be guilty of embezzlement.In the crime of changing and pasting QR code and "bullying" bike sharing,the behavior of changing and pasting QR code to get money belongs to theft of property interests for the injured subject is a bicycle company,and belongs to fraud for the injured subject is a bicycle user.Therefore,the final judgment can be made on the perpetrator by the imaginative concurrence of theft and fraud.Among the crimes of abandoning and bullying bike sharing,the first is to destroy the bike sharing.Besides destroying the object structure of the bike,throwing the bike into rivers and lakes,painting and refitting,pulling it into the wilderness and burying it,etc.,it is also a kind of destruction to exert tangible force on the bike,so that the owner loses the possibility of enjoying its effect or needs to pay a price to recover this possibility Bicycles can constitute the crime of intentionally destroying property.Second,destroying the production and operation of the bicycle company includes not only damaging the bicycle for revenge,but also imposing tangible force on the production and operation elements of the bicycle company under the guidance of improper purposes,so that the production and operation elements can not engage in production and operation and suffer property losses.Third,anyone who forcibly or arbitrarily damages or occupies the bike sharing may be involved in the crime of provocation,but the subjective motive must be arbitrary,arbitrary and wanton,and the object of action is not specific and accidental.Through the analysis of the controversial issues affecting the identification of the nature of the crime of "bullying" bike sharing,we can draw the most appropriate conclusion,which is not only the need for the correct characterization of the crime,but also the need to maintain the logic preciseness and overall dignity of the criminal law.The criminal law should be modest in the application of minor violations in the field of bike sharing,and resolutely crack down on serious violations of legal interests,so as to create a good sharing atmosphere and create a solid guarantee.