随着时代的发展与数字化时代的来临,虚拟货币逐渐被人熟知,由此而滋生了侵犯虚拟货币的违法行为,对社会治安造成威胁。因此,本文以如何对侵犯虚拟货币的行为进行刑法定性为主要研究内容,对虚拟货币的概念进行介绍,从对侵犯虚拟货币的行为进行刑法定性的意义出发,探讨并罗列当下对于此违法行为的定性现状,并对此违法行为进行合理刑法定性的策略分析,以期能为侵犯虚拟货币刑法定性分析的研究提供帮助。With the development of the times and the advent of the digital age, virtual currencies are gradually becoming familiar to people, this has given rise to illegal activities that infringe upon virtual currencies and pose a threat to social security. Therefore, the main research content of this article is how to classify the criminal law of infringing on virtual currencies, introduce the concept of virtual currency, starting from the significance of criminal law characterization of acts that infringe upon virtual currencies, explore and list the current qualitative status of this illegal behavior, strategic analysis of reasonable criminal law characterization for this illegal behavior, in order to provide assistance for the qualitative analysis of criminal law on virtual currency infringement.
偷换二维码的行为定性引发了实践和理论的争议,关于顾客和商家谁是被害人、行为性质是盗窃还是诈骗都没有形成统一的观点。在认定被害人时,我们应该以行为为核心,将刑法上的被害人同其他部门法中的被害人相区分。在对行为定性时,我们应该合理区分在盗骗交织案件中盗窃和诈骗何为主要手段和被害人有无处分行为。笔者对审判实践中以商家作为被害人将行为认定为盗窃罪的做法提出疑问,应该以顾客作为被害人,从而将行为认定为诈骗罪。The nature of the behavior of stealing two-dimensional code has caused controversy in practice and theory. There is no unified view on who is the victim and the nature of the behavior is theft or fraud. When identifying the victim, we should take the behavior as the core and distinguish the victim in criminal law from the victim in other branches of law. When determining the behavior, we should reasonably distinguish between the main means of theft and fraud and whether the victim is punished or not in the mixed case of theft and fraud. The author has some doubts about the practice of identifying the act as theft by taking the merchant as the victim in the trial practice. Therefore, the customer should be regarded as the victim so as to identify the act as the crime of fraud.
