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Is it a crime for a man to rob a ticket for money

Spring Festival train tickets have entered the peak sales period, and many popular routes are still hard to get a ticket. According to incomplete statistics, there are nearly 60 ticket grabbing software operating on the market. Although their use rules are diverse, their essence is basically the same - the higher the price increase, the greater the probability of grabbing the ticket. Although 12306 has repeatedly stated that only official channels are the most reliable, and 12306 has opened the standby function of "official ticket grabbing", people eager to go home will still try to grab tickets in various ways.

Not long ago, Jiangxi Nanchang Railway Transportation Court publicly heard a case of reselling tickets. The public prosecution accused the defendant Liu Jinfu of stealing tickets for actual ticket buyers through ticket grabbing software, which constituted the crime of reselling tickets in the criminal law. So it is also paid to grab tickets. Why can the network platform but not individuals?

The man registered 935 12306 accounts and was sentenced for raising the price to help people rob tickets. Many lawyers claimed that they were not guilty of robbing tickets

On September 13, 2019, Jiangxi man Liu Jinfu was charged with buying and selling train tickets. Nanchang railway transportation procuratorate accused him that in July 2017, Liu Jinfu purchased ticket grabbing software and 935 real name registered accounts on 12306 website for ticket grabbing operation on 12306 website. After successful ticket grabbing, it will charge the ticket buyer a commission ranging from 50 yuan to 200 yuan respectively according to the train number, travel time, operation and arrival at the station. 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 his ticket grabbing and charging service fees. At the same time, he said that before that, he did not know that he was engaged in an act suspected of illegal crime: 'I also don't know whether online ticket grabbing is an illegal crime. I hope the court will make a judgment according to law. "

During the trial, the biggest dispute between the prosecutor and the defender was whether Liu Jinfu's behavior was reselling or buying on behalf of others? Zeng Qinghong, a lawyer at Jiangxi Ganzhong law firm, defended Liu Jinfu's innocence in court: 'my view is that buying train tickets and collecting labor fees under the real name system is a kind of civil agency. It is essentially different from the reselling stipulated in our criminal law. "

The prosecution believes that after Liu Jinfu grabbed the ticket, 12306 website will automatically generate an electronic order for the train ticket. Before it is handed over to the actual ticket buyer, Liu Jinfu actually controlled the ownership of this electronic voucher. At the same time, by purchasing professional ticket grabbing software, logging in with multiple accounts and continuously grabbing tickets, Liu Jinfu infringes the national management order of train tickets, is socially harmful, destroys others' fair ticket purchase right and increases the burden of 12306 website.

In the first instance, Nanchang railway transportation court convicted Liu Jinfu of the crime of reselling tickets, sentenced him to fixed-term imprisonment of one year and six months, fined 1.24 million yuan, confiscated 310000 yuan of criminal income and tools of crime - mobile phones and computers. Liu Jinfu refused to accept the judgment and appealed.

On November 30, 2019, the second instance of Nanchang Railway Transportation Intermediate Court heard the case publicly. Zhang Jinhua, Liu Jinfu's Appellate lawyer and director lawyer of Liaoning Jingqiao law firm, told reporters that Liu Jinfu used the customer's identity information to purchase tickets according to the customer's needs. Due to the restriction of the real name system, he did not occupy or could not occupy the customer's tickets in the whole process, It doesn't constitute buying and selling back: 'he doesn't hoard any tickets, nor does he have the process of changing hands. If a customer needs a ticket, he uses the customer's identity information to help him grab the ticket, and pays a certain commission after grabbing the ticket. We believe that his behavior is not harmful and does not have the characteristics of reselling tickets because it is a real name system. For example, I Zhang Jinhua bought a ticket with my identity information. No matter which link you are, I can only take the bus myself. "

Experts have a variety of views on whether it is a crime to rob tickets on behalf of others, and whether the ticket grabbing software is legal is also debatable

How does Liu Jinfu use the ticket grabbing software? A network engineer who knows this kind of ticket buying software revealed that the software broke through the restriction of 12306, making ticket buying faster. More advanced ticket grabbing software will also use multi IP automatic ticket swiping, 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 passengers and finally submitting payment.

Professor Ruan Qilin of China University of political science and law believes that under the premise of selling tickets under the real name system, as long as huge profits do not endanger social order, the traditional reselling situation is difficult to happen: 'because reselling is to buy and resell after buying. The real name system has already restricted such scalping, which must be accepted in advance and bought with the ID number. After buying it, the person can only get useful on the train. In fact, it is purchasing behavior. There may be some handling fees, labor fees and hard work fees in the process. So as long as it is not particularly profiteering, it is still acceptable. Indeed, since it can solve some people's needs, it is not very profiteering, nor is it particularly harmful to society and disrupt order.

However, Professor Yan Sanzhong, vice president of the school of politics and law of Jiangxi Normal University, believes that train tickets are a kind of public welfare and not completely market-oriented goods. To ensure that citizens have a fair opportunity to buy tickets, Liu Jinfu's behavior will lead to the deprivation of ticket buying opportunities for others: 'I think the understanding of reselling can not be completely literal. Buying and then selling is not the only way to resell. The key is selling. From the perspective of criminal law, there is no clear provision that we must buy and then sell to constitute a crime. "

If Liu Jinfu's 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 Internet enterprises using technical advantages to grab tickets, but it does not mean that the behavior of the website must be legal. Although the ticket grabbing software will also affect the fair ticket purchase opportunity, there is no way to judge whether this behavior constitutes a crime. But at present, it can not be said that Liu Jinfu's behavior does not constitute a crime because he has not been investigated.

How to identify the behavior of individuals using ticket grabbing software to grab train tickets for others? How will the final judgment be made? Voice of China will continue to pay attention.

For ticket buyers, whether they grab tickets through individuals or platforms, there are 'middlemen' to earn the price difference. So why are individuals often subject to judicial treatment, but the platform is hardly subject to criminal treatment? According to media reports, Liu Jinfu also reported ticket grabbing software such as Ctrip, Feizhu and high-speed rail housekeeper in his real name. The public security organ replied that there was no evidence. In this regard, some experts believe that the law should have clear and unified recognition standards for the behavior of individuals and third-party ticket purchase platforms.

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

(source: China News Network)