Compiled from: CCTV News, Ping'an Longjiang Construction
 
Yesterday, the 2022 Spring Festival travel rush train tickets went on sale, signaling that the New Year is approaching. However, in this joyful time, for those far from home, failing to snag a ticket is a painful ordeal. Yet, where there is demand, there is supply, leading to the emergence of scalpers and ticket-snatching software.

 
 

Case 1: Paying extra for a scalper, receiving a fake ticket
Mr. Li found a "scalper" online to buy train tickets on his behalf. "I asked him to help me buy tickets from Beijing to Shandong. He charged an extra 100 yuan per ticket, which I thought was reasonable, so I agreed. Later, I gave him my and my colleague's personal information via QQ. The scalper said he would send the electronic version of the tickets and then mail them via courier."

 

Soon, the scalper sent Mr. Li two photos of train tickets from Beijing to Shandong via QQ. "I was surprised at how fast the scalper was! But when I checked the ticket number through the railway sales hotline, I found it didn't exist."
 
It turned out that Mr. Li had fallen victim to a "train ticket synthesis tool." This software allows users to input any station information and personal details to create a realistic-looking fake train ticket image. Initially, it was used by netizens for fun, but within days of the Spring Festival ticket sales starting, several people nearly lost money to fake photos generated by this tool.
 
《刑法》
Article 266
Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also, or shall only, be fined; if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is especially huge or there are other especially serious circumstances, 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. Where this Law otherwise provides, such provisions shall prevail.
 
 
Case 2: Ticket-snatching software is illegal, scalping tickets is a crime
Liu Jinfu, in order to specialize in helping others purchase train tickets, bought ticket-snatching software online and installed it on his computer, then used two mobile phones to post advertisements and receive orders, installing software on both the phones and computer for remote operation.

 

Subsequently, under the name of "Star Ticket Studio," Liu Jinfu posted advertisements on online platforms such as WeChat and QQ, offering to help purchase train tickets nationwide for a commission. After receiving requests for tickets, he used the ticket-snatching software to snatch tickets, enabling functions such as automatic repeated logins with multiple accounts, automatic repeated order submissions, and automatic changes to the computer's IP address, thereby increasing the probability of successfully obtaining tickets.
 
From April 2018 to February 2019, Liu Jinfu, through the above methods, helped Wang, Sun, Lyu, and others purchase a total of 3,749 tickets, with a face value of 1,327,538.5 yuan, and illegally profited 342,420 yuan.
 
The court sentenced Liu Jinfu to 11 months in prison for the crime of scalping tickets, and imposed a fine of 1.24 million yuan. The illegal gains of over 340,000 yuan were ordered to be recovered.
 
《刑法》
Article 227, Paragraph 2
Whoever scalps tickets for trains or ships, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also, or shall only, be fined not less than one time but not more than five times the face value of the tickets.

 

 
[1] The author's perspective
It is only natural for those away from home to be eager to return, and the Spring Festival is the most important time for family reunions in China. Due to the massive population movement, long-distance transportation in our country has not yet fully met the demand during the Spring Festival travel rush, leading to a situation where tickets are hard to come by each year. However, from the two cases above, it is clear that buying tickets through other means carries significant risks, including not getting a ticket, buying a fake one, or even with a real ticket, facing the issue of personal information leakage, yet we are helpless in this regard.
 
In the first case, it does not actually involve the crime of scalping tickets, because that "synthesized ticket" was merely a deceptive piece of waste paper, and the criminal packaged it as a ticket and sold it to the victim at a markup, making them mistakenly believe they had bought a real ticket. Once the criminal amount reaches a certain threshold, it constitutes fraud. In such cases, the victim often ends up with nothing.
 
Furthermore, from the perspective of social fairness in the second case, although ticket-snatching software may solve the difficulty of some people being unable to buy tickets and return home, it also prevents more people from going home. These operators are like always standing first at the ticket window; as long as they need a ticket, it will fall into their hands immediately, leaving those behind unable to grab one. Thus, this kind of ticket-snatching software more seriously disrupts the order of train ticket management, undermines others' fair right to purchase tickets, and thereby fosters unhealthy social trends.