Abstract: As bicycles can be seen everywhere on the street, many people have asked, how do bicycles prevent theft? Isn’t it possible that the *** bicycle was stolen? In fact, bicycles for free bikes are all marked with positioning, and there are also cases where defendants who stole bicycles were sentenced. Next, let’s take a look at how exclusive bicycles prevent theft. ***Xiang Bicycle Anti-Theft***How ??to prevent Xiang Bicycle from being stolen***Aren’t you afraid of Xiang Bicycle being stolen
***Xiang Bicycle Anti-Theft Positioning System
In ***Xiang Bicycle field, one category is self-developed vehicles represented by Mobike. This vehicle has a smart lock. This lock can not only lock the bike, but also has a built-in battery, GPS and networking module to achieve positioning functions. When the user is riding When traveling, the power generation device generates electricity and stores it in the battery to ensure the power consumption of the GPS and other components.
The other type is ofo: ordinary vehicles and mechanical code locks (it seems that only ofo currently exists). The cost of a Mobike bike is over 3,000 yuan, while the cost of an ofo bike is only about 200 yuan. Isn’t it strange that the cost difference is so huge but the functions are the same?
Let’s take a look at the process of using the yellow car that users can perceive (excluding situations where there is no deposit or insufficient balance). In this process, there are only two steps where the user interacts with the server. One is The other process of obtaining the password is the process of deducting the fee after the ride. The yellow car does not have a positioning device. How does the user locate the location of nearby vehicles before using it?
The secret is hidden in the process of user interaction with the server. In fact, ofo uses a clever approach: although the little yellow car does not have a positioning system, the location of the rider is determined through the app or public account. It can be located. Obtaining the position of the rider is equivalent to obtaining the position of the little yellow car. After a ride, when a user operates "End Ride" on Ofo's app or official account, in addition to uploading their riding time, they also upload their current geographical location. Ofo displays this location on the map as the current location of the car. When people nearby are looking for a car in the Ofo app or official account, the location will be displayed on the map. To put it simply, the position at the end of the previous user's ride is used as the position for the next user to locate the car. In fact, during the user's operation, there are still parts that are not perceptible, as shown in the following figure:
ofo uses a very low cost to implement a positioning function similar to that of Mobike. This method is very tricky and must have many imprecision, which also leads to some operational inconveniences: for example, when a user finishes riding , I forgot to click "End Ride", and I only remembered to click "End Ride" after walking for a while. At this time, the location obtained by the server was actually junk data. There was actually no car at this location, but ofo would mark this address as The location of the used car. Mark the location on the map that there is a car. When someone is looking for a car nearby, the map will show that there are cars nearby. This is very annoying. I think many friends have encountered this situation.
In addition to cheating others, this kind of positioning will also cheat itself. Ofo can only locate the vehicle based on the location information submitted by the user. If the positioning is wrong, the vehicle will not be found. If the vehicle is pulled away by the urban management, Ofo would hardly know if it was stolen, and it would be troublesome to maintain the vehicle. < /p>
a. According to Article 275 of the Criminal Law of the People's Republic of China: If the amount is relatively large or there are other serious circumstances involved in the crime of intentional destruction of property, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. or a fine; if the amount is huge or there are other particularly serious circumstances, the sentence shall be a fixed-term imprisonment of not less than three years but not more than seven years
b. Prosecution standards
According to the "Supreme Procuratorate and the Ministry of Public Security's Regulations on Public Security Agencies" "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction" Article 33: Anyone who deliberately destroys public or private property and is suspected of one of the following circumstances shall be filed for prosecution:
(1) Causing losses of more than 5,000 yuan to public or private property ;
(2) Destroying public and private property more than three times;
(3) Gathering three or more people to openly destroy public and private property;
(4) Others Serious situation.
According to the above-mentioned legal provisions, if the amount of intentional damage to public or private property (such as destroying a private bicycle) is relatively large or the circumstances are serious, it constitutes a crime of intentional damage to public or private property. However, the standards for the amount of the crime vary from place to place. For details, you can check the specific standards of each province and city.
The question is, if the above standards are not met and it does not constitute the crime of intentional damage to public or private property, does it mean that we will not bear any legal consequences?
According to Article 49 of the "Public Security Administration Punishment Law", anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined five hundred A fine of not more than RMB 1,000 shall be imposed; if the circumstances are serious, the offender shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than RMB 1,000.
According to this provision, anyone who commits acts of destruction can be punished by public security management, and the penalties for more serious circumstances will be increased accordingly.
Suspected of the crime of theft
(1) According to Article 264 of the Criminal Law of the People’s Republic of China: Theft of public or private property, the amount is relatively large, or more than Whoever commits a minor theft, burglary, theft with a weapon, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. , and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.
(2) The specific standards for the determination of "large amount" and "huge amount" shall be determined by the higher people's courts of each province, autonomous region, and municipality within the above range based on the economic development level and social security situation of the region. Determine (for example, if the value of public or private property in Fujian Province reaches 3,000 yuan, 60,000 yuan, or 300,000 yuan, the "relative amount", "huge amount" and "special amount" specified in Article 264 of the Criminal Law shall be determined respectively. huge".).
(3) "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" Article 2 If theft of public or private property falls under any of the following circumstances, the "larger amount" standard It can be determined based on 50% of the standard specified in the previous article:
(1) Those who have been criminally punished for theft;
(2) Those who have been administratively punished for theft within one year ;
(3) Organizing and controlling theft by minors;
(4) Theft in the place where the incident occurred during natural disasters, accidents, social security incidents and other emergencies ;
(5) Stealing the property of the disabled, the elderly and those who have lost the ability to work;
(6) Stealing the property of patients or their relatives and friends in the hospital;
(7) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief;
(8) Serious consequences caused by theft.
A man who secretly hid a bicycle was sentenced to 3 months' detention
Experts said Shanghai's precedents were "shocky"
The Shanghai Minhang District People's Court sentenced a case ***The first instance verdict was made in the bicycle theft case. The defendant, Han, was sentenced to three months' detention, suspended for three months, and fined RMB 1,000 for moving his *** bicycle home, which constituted the crime of theft. This case is undoubtedly a wake-up call for the behavior of damaging and hiding private bicycles, but the question is, is criminal punishment the only way to curb the behavior of damaging and privately hiding private bicycles?