Man registered nearly a thousand accounts paid for ticket grabbing criminal lawyer claims not guilty of ticket grabbing

category:Society
 Man registered nearly a thousand accounts paid for ticket grabbing criminal lawyer claims not guilty of ticket grabbing


Not long ago, Jiangxi Nanchang Railway Transportation Court heard a case of ticket scalping in public. The public prosecution accused Liu Jinfu, the defendant, of stealing tickets for the actual ticket buyer through the ticket grabbing software, which constituted the crime of ticket scalping in the criminal law. So its also paid ticket grabbing. Why can the network platform and the individual not?

The man registered 935 12306 accounts and was sentenced to pay more for robbing tickets for others. Many lawyers claimed that robbing tickets was not guilty

On September 13, 2019, Liu Jinfu, a Jiangxi man, was accused of buying and selling train tickets in reverse. He was charged by Nanchang railway transportation procuratorate. In July 2017, Liu Jinfu purchased ticket grabbing software online and 935 real name registered accounts on 12306 website for ticket grabbing operation on 12306 website. After the ticket is snatched successfully, the buyer will be charged a commission ranging from 50 yuan to 200 yuan according to the different situations of the train number, train time and arrival of the train ticket. From April 2018 to February 2019, Liu Jinfu successively sold 3749 train tickets, with a face value of more than 1.2 million yuan and a profit of more than 310000 yuan.

During the trial, Liu Jinfu confessed to the situation that he robbed tickets and collected service fees. At the same time, he said that before that, he didnt know that he was engaged in the behavior suspected of illegal crime: I dont know whether the online ticket snatching is an illegal crime. I would like the court to decide according to law.

In the court trial, the biggest dispute between the prosecutor and the defender is whether Liu Jinfus behavior is selling or buying on behalf of others? Zeng Qinghong, a lawyer from Jiangxi Ganzhong law firm, pleaded for Liu Jinfus innocence in the court: my view is that the act of buying train tickets and collecting service fees under the real name system is a civil agency. Its essentially different from the reselling stipulated in our criminal law.

Prosecutors believe that after Liu Jinfu grabs the ticket, 12306 website will automatically generate the electronic order of the train ticket, and then hand it over to the actual ticket buyer, Liu Jinfu actually controls the ownership of this electronic voucher. At the same time, Liu Jinfu, by purchasing professional ticket grabbing software and logging in with multiple accounts, constantly carried out ticket grabbing, which violated the states management order of train tickets, had social harm, undermined other peoples fair right to purchase tickets, and increased the burden of 12306 website.

In the first trial of Nanchang Railway Transportation Court, Liu Jinfu was sentenced to one year and six months imprisonment for the crime of ticket scalping and a fine of 1.24 million yuan. The criminal income of 310000 yuan and the means of committing the crime - mobile phone and computer - were confiscated. Liu Jinfu appealed against the verdict.

On November 30, 2019, the case was heard in public in the second instance of Nanchang intermediate court of railway transportation. Zhang Jinhua, the appeal lawyer of Liu Jinfu and the chief lawyer of Liaoning Jingqiao law firm, told the reporter that Liu Jinfu was a ticket buying behavior based on the customers needs and using the customers identity information. Due to the real name system, he did not occupy or occupy the customers ticket in the whole process, which does not constitute reverse buying and selling: He doesnt hoard any tickets and doesnt have the process of hand over. If a customer needs a ticket, he uses the customers identity information to help him grab the ticket and pay a certain commission after grabbing the ticket. We think that this kind of behavior is not harmful and does not have the characteristics of ticket scalping, because it is a real name system. For example, Zhang Jinhua, the ticket bought by my identity information, no matter which link you are in, I can only take the bus myself.

Experts have many opinions on whether the ticket robbing is a crime or not, and whether the ticket robbing software is legal is also questionable

How does Liu Jinfu use ticket grabbing software? According to a network engineer who knows about this kind of ticketing software, the software breaks through the limitation of 12306, which makes the ticketing speed faster. More advanced ticketing software will also use multiple IP automatic ticketing and other ways to purchase, which is much faster than manually opening the website, entering the verification code, logging in the account, querying the date, selecting the train number, adding the passenger and finally submitting the payment.

According to Professor Ruan Qilin of China University of political science and law, on the premise of real name ticket sales, as long as it is not profiteering that endangers social disorder, the traditional situation of reverse buying and selling is very difficult to happen: because reverse buying and selling are all sold after buying. The real name system has already restricted this kind of reselling, which can only be bought by accepting the entrustment in advance and holding the ID card number of others, and only after buying can this person be used on the train. In fact, its buying on behalf of others. In the middle of the process, there may be a little service charge or labor fee or hard work fee. So as long as its not particularly profiteering, its still acceptable. Indeed, since it can solve the needs of some people, it is not very profiteering, nor is it particularly harmful to society or disturbing order.

But Professor Yan Sanzhong, vice president of the school of political science and law of Jiangxi Normal University, thinks that train tickets are a kind of public welfare, not a completely market-oriented commodity. To ensure that citizens have a fair chance to buy tickets, Liu Jinfus behavior will lead to others being deprived of the opportunity to buy tickets: I dont think the understanding of reselling can be completely literal. Buying and selling is not the only way to resell, but the key is selling. From the perspective of criminal law, there is no clear stipulation that it is necessary to buy, and only when it is sold can it constitute a crime.

If Liu Jinfus behavior constitutes a crime, does the paid ticket grabbing service of major ticket grabbing platforms also constitute a crime? Professor Yan Sanzhong said that Liu Jinfu bought the real name registered account of 12306 website, which is essentially different from the Internet enterprises use of technological advantages to rob tickets, but it does not mean that the behavior of the website must be legal. Although the software for robbing tickets will also have an impact on the fair opportunity to purchase tickets, there is no way to judge whether such behavior constitutes a crime at present. But at present, it can not be said that Liu Jinfus behavior does not constitute a crime because he has not been investigated.

How to identify the behavior of robbing train tickets for others by using the software? What will be the final judgment of the case? Voice of China will continue to pay attention.

For ticket purchasers, there are middlemen who earn the difference in price no matter they rob tickets through individuals or platforms. So why do individuals often get judicial treatment, but the platform almost does not deal with crime? According to media reports, Liu Jinfu also reported the real name of ctrip.com, feizhu.com, high-speed railway steward and other ticket grabbing software, and the public security organ replied that there was no evidence. In this regard, some experts believe that there should be a clear and unified standard for the behavior of individuals and third-party ticket platforms.

In an interview, Shan Xinghua, director of 12306 Technology Department of China Academy of Railway Sciences, said that in order to protect the rights and interests of users, they have blocked multiple channels of ticket grabbing software, because the use of ticket grabbing software will reduce the speed of other manual query users, resulting in system delay.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) ()); source of this paper: Liu Yuxin, responsible editor of beiqing.com