Why is it OK for the platform where the price of the ticket is increased and the ticket is robbed?

1月 6, 2020 佛山桑拿, 未分类

[global network reporter Zhu Mengying]

Core tip: for ticket purchasers, there are “middlemen” who earn the difference no matter they rob tickets through personal or network platforms. So, why is it that individuals are punished for breaking the law or even committing crimes, while online platforms hardly deal with them? In this regard, experts believe that there should be a clear and unified standard for the behavior of individuals and third-party ticket platforms.

When the Spring Festival is approaching, online ticket grabbing will become a top priority for many people. Reporter Li Xiaolei / photo

When the Spring Festival is approaching, online ticket grabbing will become a top priority for many people. Reporter Li Xiaolei / photo

Reporter Li Xiaolei

Liu Jinfu, a young man in Jiangxi Province, was arrested for scalping a large number of train tickets.

In 2017, he wanted to go back to his hometown to start his business. Seeing that the third-party ticket buying platform can rob tickets for others, he started the business in his hometown, but he did not have the qualification to book tickets.

Therefore, Liu Jinfu used the ticket grabbing software to order train tickets on 12306 website, and sold them to the ticket buyer at a price increase of 50 to 200 yuan per ticket, making an illegal profit of more than 310000 yuan and involving more than 1.23 million yuan.

That is to say, Liu Jinfu used the Internet to become a “scalper” until two years later, when he was caught.

Liu Jinfu is very aggrieved. “I don’t know if the online proxy robbery belongs to the scalping of train tickets, but I think big companies are also doing it, because users can find me to rob, or a third-party platform to rob, and I didn’t force them to do so,” he said

In fact, for ticket purchasers, there are “middlemen” who earn the difference, whether they rob tickets through individuals or platforms. So why do individuals often get judicial treatment, but the platform almost does not deal with crime?

Jiangxi men grabbed more than 3700 tickets for profit

Nobody expected that Liu Jinfu’s case would “shake” the industry and even CCTV would pay attention to it.

In July 2017, Liu Jinfu purchased ticket grabbing software online at a price ranging from 1500 to 4500 yuan, purchased “coding” at a price of 30 yuan / 10000, and purchased 935 real name registered accounts of 12306 website at a price of 2740 yuan for ticket grabbing on 12306 website.

In addition, Liu bought two mobile phones for receiving orders and advertising. After the successful ticket snatching, he charged the ticket buyer a commission ranging from 50 yuan to 200 yuan according to the number of trains, the time of taking the train and the arrival of the train at the station.

Using this method, from April 2018 to February 2019, Liu Jinfu successively sold 3749 train tickets. According to reports, when purchasing on behalf of others, he must first obtain the identity information of other passengers, and then log in to 12306 to compete with others as an ordinary passenger, and finally buy tickets.

On September 10, 2019, Liu Jinfu’s case opened in the first instance of Nanchang Railway Transportation Court. The court found Liu Jinfu guilty of reselling tickets and sentenced him to one year and six months’ imprisonment and a fine of 1.24 million yuan.

Liu Jinfu, who refused to accept the verdict, appealed and two lawyers pleaded not guilty. The reason is that Liu Jinfu collects the service fee, not the ticket price increase, and does not control the ticket source.

In the view of lawyers, the court of first instance made a mistake in the application of law. Liu Jinfu used software to purchase tickets on behalf of customers, which was a civil act of law. The ownership of tickets belonged to the client all the time, and there was no transfer. There was no reselling behavior and possibility of reselling, which did not constitute the crime of reselling tickets.

Under dispute, on November 30, 2019, Nanchang intermediate court of railway transportation heard the case publicly in the second instance.

From the first trial to the second trial, Liu Jinfu has no objection to the fact part. However, in the context of real name system, there are different opinions on whether their behavior constitutes a criminal offence.

Liu Jinfu’s point of view is that if he breaks the law, “the ticket grabbing software of Ctrip and other third-party platforms is also suspected of breaking the law.”.

Prosecutors believe that “selling is the actual act of this case, the core of which is to increase prices in disguised form at high prices.”

During the trial, for example, Liu Jinfu increased the price of a ticket of 9 yuan by 120 yuan to sell it to others during the 2019 Spring Festival. So they demanded that the original judgment be upheld.

Liu Jinfu’s lawyer explained that he did not obtain the ownership of train tickets all the time, which was not in line with the meaning of selling train tickets after buying them first. Another focus is whether Liu Jinfu’s use of the ticket grabbing software has infringed on the state’s management order of railway ticket sales, as well as social harm.

In this regard, the prosecution felt that Liu Jinfu’s incessant ticket grabbing behavior through ticket grabbing software and multi account login violated the state’s management order of train tickets, was socially harmful, undermined other people’s fair right to purchase tickets, and increased the burden on 12306 website.

“Compared with traditional scalpers, although they use different tools and means of reselling, they have no difference in the motive and purpose of reselling train tickets, and because of the use of network technology means, they are more efficient and more harmful.” Prosecutors said.

In the face of Ctrip and other third-party platforms whether buying tickets constitutes a crime, the prosecution said there is no connection with the crime of Liu Jinfu’s behavior. It should be pointed out that Liu Jinfu also reported the ticket grabbing software such as ctrip.com, feizhu.com and high-speed railway steward under his real name, and the public security organ replied that there was no evidence.

Faster than manual ticketing software

At present, Liu Jinfu’s second trial has yet to be concluded, but there are many precedent cases of the same kind.

Sun Changlong, who was born in 1989 and lives in Fuyu County, Heilongjiang Province, was detained in criminal detention on January 17, 2019 due to ticket scalping. According to the reporter, from December 2018 to January 16, 2019, sun Changlong first purchased “Wuyi ticket” Internet ticket software and China Railway 12306 internet ticket account through QQ group.

And then through the establishment of wechat group