What are the criminal legal issues involved in the ticketing software? 1. Does it constitute a crime to simply make the ticketing software? In February 213, a case of reselling tickets at a high price by using the ticket-grabbing software "dongle" was cracked. The perpetrator of this case resold 1,777 tickets, making an illegal profit of 1.4 million yuan, and 25 suspects were arrested. The producer of the "dongle" software has also been under the control of the police, who said it was suspected of illegal business operation. This case has triggered a discussion on whether simply making the ticketing software constitutes a crime. Some people think that the production of ticketing software violates the exclusive right of the railway department to sell tickets, so it constitutes the crime of illegal business. Some people think that the actor made software and provided tools for others to invade the 1236 website, which is suspected of providing the crime of invading and illegally controlling computer information system programs and tools. The author believes that simply making software for grabbing tickets does not constitute the crime of illegal business operation, nor does it constitute the crime of providing intrusion and illegal control of computer information system programs and tools. Details are as follows: 1. Simply making ticketing software does not constitute the crime of illegal business operation. The so-called ticketing software is a product developed according to the difficulty for users to purchase tickets in a specific period of railway passenger transport. It is a browser-based plug-in and its function is to increase the probability of buying tickets. Its essence is to refresh the webpage every 5-6 seconds, submit a booking request, and place an order to purchase tickets as soon as a ticket source is found. In principle, it is to use machines instead of manual clicking and waiting, which saves time and improves efficiency. Then, does making ticketing software constitute the crime of illegal business operation? According to the provisions of Article 225 of the Criminal Law, the so-called crime of illegal business operation refers to the crime of violating state regulations and having one of the illegal business operations listed in this article, which disturbs the market order. These illegal business practices include: (1) dealing in franchise, monopoly goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations; (3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order. As far as the making of ticketing software is concerned, there is no relevant law and regulation that the making of software must be approved or licensed by the relevant authorities. Moreover, the act of simply making software does not belong to business activities, and it does not disturb the so-called business order. Therefore, the author believes that simply making ticketing software does not constitute the crime of illegal business operations. 2. Whether making software for grabbing tickets constitutes the crime of providing intrusion and illegal control of computer information system programs and tools. According to the provisions of Article 285 of the Criminal Law, the crime of providing programs and tools for invading and illegally controlling computer information systems refers to providing programs and tools specially used for invading and illegally controlling computer information systems, or providing programs and tools for others knowing that they have committed illegal and criminal acts of invading and illegally controlling computer information systems, and the circumstances are serious. Objectively speaking, the crime is manifested in providing programs and tools specially designed to invade and illegally control computer information systems, or providing programs and tools to others knowing that they have invaded and illegally controlled computer information systems, which is a serious act. In fact, the actor's purpose in making the ticket-grabbing software is to grab tickets, not to control the 123 6 information system, which is fundamentally different from this crime and cannot be convicted and sentenced for this crime. 3. Responsibility identification of making ticketing software for reselling tickets. If the main purpose of the actor who made the ticketing software is to grab tickets and resell them, or he knows that the other party sells the ticketing software to the other party in order to resell tickets, according to the criminal law, he is suspected of committing the crime of reselling tickets or reselling tickets. Second, does it constitute a crime for ordinary netizens to simply use the ticketing software? Ordinary netizens go home for holidays and use the ticketing software, hoping to buy tickets. Does it constitute a crime? According to the provisions of China's criminal law, it may involve the following crimes: the crime of illegally invading computer information systems; Crime of illegally obtaining computer information system data and illegally controlling computer information system; Crime of providing intrusion, illegal control of computer information system programs and tools, or crime of destroying computer information system. In my opinion, simply using the software to grab tickets does not constitute a crime, because the above-mentioned crimes stipulated in the Criminal Law are generally manifested in the act of invading, obtaining, controlling or destroying, which has caused harmful consequences to the system of the 1236 website and caused a series of adverse effects. At the same time, subjectively, the above-mentioned destruction is a deliberate psychological state. However, the simple use of the ticketing software did not invade the 1236 computer system or database, nor did it cause substantial damage to it, nor did it tamper with it. Therefore, it does not meet the constitutive requirements of the above crimes, and it should not be convicted and sentenced for the above crimes, which does not constitute a crime. 3. Does it constitute a crime to resell by using the ticketing software? Ordinary users use the ticketing software to buy tickets, and there is neither profit-making behavior of reselling nor damage to the computer information system, and there is no crime. However, the act of snapping up a large number of tickets and reselling them at a high price by using the ticketing software actually destroyed the normal ticket purchase and management order. Its use of the ticketing software is its preparatory act of reselling tickets, and according to the criminal law theory, it has been suspected of reselling tickets. The crime of reselling tickets refers to the act of reselling tickets and boat tickets with serious circumstances. The object of this crime is the management of tickets and boat tickets. Objectively, this crime is manifested as selling tickets and boat tickets, and the circumstances are serious. The so-called reselling refers to buying tickets and boat tickets and selling them at a higher price, or buying tickets and boat tickets for selling. This crime belongs to the crime of circumstances, and the act of reselling tickets and boat tickets can only constitute its crime if the circumstances are serious. If the circumstances are not serious, even if there are acts of reselling tickets and boat tickets, it cannot be punished as this crime. The subject of this crime is a general subject, which subjectively shows direct intention and aims at making profits. It is in line with the constitutive requirements of this crime to resell tickets at a high price after using the ticketing software. If the actor meets the amount requirements for determining this crime, he may be identified as a crime and investigated for criminal responsibility. The dispute caused by the ticketing software is essentially a fair dispute. The Ministry of Railways promotes the use of 1236 network and telephone booking system to ensure the fairness of ticket buyers. However, due to the excessive booking volume and imperfect website, fairness cannot be realized. Using the ticketing software to purchase tickets is actually equivalent to jumping the queue, which destroys the rules of purchasing tickets and encroaches on the interests of others in disguise. This kind of behavior is really unfair to other ticket buyers, but according to the criminal law, it should not be determined as a crime, and it needs to be determined according to its behavior and actual harm. On the whole, as long as the actor is not involved in reselling tickets, it generally does not constitute a crime.