Offence of Scalping Train and Ship Tickets: Necessity and Legislative Improvement

Zhe Zhu

doi:10.54254/2753-7048/2025.22262

Research Article

Open access

Published on 17 April 2025

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Zhu,Z. (2025). Offence of Scalping Train and Ship Tickets: Necessity and Legislative Improvement. Lecture Notes in Education Psychology and Public Media,88,37-46.

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Offence of Scalping Train and Ship Tickets: Necessity and Legislative Improvement

Zhe Zhu *^,1,

¹ Shenzhen University

* Author to whom correspondence should be addressed.

https://doi.org/10.54254/2753-7048/2025.22262

Abstract

“The offence of scalping train and ship tickets" in China's criminal law has effectively regulated the act of scalping tickets. However, with the development of the times, the type of scalping has also change, triggering the academic community to discuss about the necessity of the existence of the offence of scalping train and ship tickets. This paper takes the necessity of the offence of scalping train and ship tickets as the research object, adopts case analysis, historical analysis and other methods, combines the background of real-name system and the development of network ticketing technology. It argues that, although the form of scalping is becoming newer, it still infringes on the "travelers' right to free ticketing options" and "passenger's right to fair ticketing" and undermines the fairness of public resource allocation. The article refutes the theory of "civil agency" and "non-circulation", and emphasizes that the public welfare nature of train tickets requires criminal law protection. Finally, it suggests limiting the extension of "ticket" to train tickets, refining the incrimination amount standard, distinguishing between labour service type and opportunity monopoly type substitute purchases, and strictly regulating the ticket snatching software, so as to achieve the unity of precisely combating the crime and safeguarding the rights and interests of the citizens.

Keywords

ticket scalping offence, real-name system, paid ticket snatching, fair ticket-buying rights, legislative improvement

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References

[1]. Gao Wei. 2009. On the Decriminalization of the Offence of Scalping Train and Ship Tickets. Politics and Law. 12. 46-50.

[2]. Ran Juhuo. 2013. The Abolition of the Offence of Scalping Train and Ship Tickets – Starting with the Case of Zhong Mou “Ticket Scalping”. Chinese Prosecutor. 04. 10-12.

[3]. Qiao Xinsheng. 2013. Substitute Ticket Purchases Is Not the Offence of Scalping Train Tickets. People's Daily. 19th edition.

[4]. Sheree Rabe. 1991. Ticket Scalping: Free Market Mirage. American Journal of Criminal Law. 01. 57-70

[5]. L.A.Times.1988.British Officials Aren't about to Fine Ticket Scalpers for Making Huge Profits. Retrieved from https://www.latimes.com/archives/la-xpm-1988-06-24-sp-5901-story.html

[6]. L.A.Times. 1991. Ticketmaster Has “Had It” with Brokers. Retrieved from https://www.latimes.com/archives/la-xpm-1991-04-11-ca-79-story.html

[7]. Gao Yandong. 2017. A Normative Interpretation of the Offence of Scalping Train Tickets in the Internet Era: the Criminalization of Paid Ticket-snatching Services. Zhejiang Social Sciences. 11. 42-51.

[8]. Ouyang Benqi. 2008. On the Interpretative Application of Truly Non-statutory Purpose Offence – and the Supplementing of Criminal Law Loopholes. Law Forum. 01. 58-64.

[9]. Huang Ying. 2011. A Study of the Crime and Non-Crime of Substitute Booking of Train Tickets under the Real-Name System. Journal of the Railway Police College. 05. 25-28.

[10]. The Ministry of Transport of the People's Republic of China. 2024. 2023 Statistical Bulletin on the Development of the Transport Sector. Retrieved from https://xxgk.mot.gov.cn/2020/jigou/zhghs/202406/t20240614_4142419.html.

[11]. CNR. 2025. Which Train Tickets Will Be Discounted and How Can We Alleviate the Problem of Charging While Waiting in Line on the Highway? Here Is A Practical Post for the 2025 Spring Festival Travel Rush.Retrieved from https://news.sina.com.cn/zx/gj/2025-01-09/doc-ineekeaz3182243.shtml.

[12]. Central People's Government of the People's Republic of China. 2024. Interpretation of the Announcement of the State Administration of Taxation, the Ministry of Finance, and the China State Railway Group Co., Ltd. on Promoting the Use of Fully Digital Electronic Invoices for Railway Passenger Transport. Retrieved from https://www.gov.cn/zhengce/202410/content_6981783.htm.

[13]. Klaus Roxin. (2005). German Criminal Law: General Theory. Law Press.

[14]. Zhang Xinrui. 2022. Criminal Regulation of the Black Industry Chain of Scalping Train Tickets in the Web 3.0 Era. Journal of the China Criminal Police College. 01. 61-70.

[15]. Wang Lizhi. 2013. Should the Low-priced Online Substitute Ticket Purchases Be Criminalized under Real-name System? Jurisprudence. 12. 144-152

[16]. Huang Ziqiang. 2008. Improving the Legislation on the Offence of Scalping Train and Ship Tickets– A Perspective from the Transfer of Beijing Olympic Tickets. Legal Forum. 04. 172-178.

[17]. Zhang Zhiming. (1999). Analysis of Legal Interpretation Practices. China University of Political Science and Law Press.

[18]. Xiong Yongming. 2015. Reflections on the Proposal to Create New Crimes. Law Forum. 03. 113-118.

[19]. S.1326, 201st Leg., 2d Sess. (1983).

[20]. A.1399, 201st Leg., 2d Sess. (1983).

Cite this article

Zhu,Z. (2025). Offence of Scalping Train and Ship Tickets: Necessity and Legislative Improvement. Lecture Notes in Education Psychology and Public Media,88,37-46.

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About volume

Volume title: Proceedings of the 3rd International Conference on Global Politics and Socio-Humanities

Conference website: https://2025.icgpsh.org/

ISBN：978-1-80590-027-6(Print) / 978-1-80590-028-3(Online)

Conference date: 25 July 2025

Editor：Enrique Mallen

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.88

ISSN：2753-7048(Print) / 2753-7056(Online)

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