a guest absconding is an act that infringes on property rights, and the operator can call the police to deal with it. The absconding is not serious, which violates the Law on Public Security Administration Punishment, and if it is serious, it constitutes a crime. In this case of malicious evasion, diners cheat the hotel, and the hotel falls into the wrong understanding that it can pay the consumption price and then provide catering services for it, which is similar to the constitutive elements of fraud, but it does not constitute fraud. Because the essence of the crime of fraud is that the perpetrator deliberately conceals the truth and fabricates facts to make the victim fall into a wrong understanding, and then dispose of the property under the control of the wrong understanding. Diners deliberately deceived the hotel into misunderstanding, but the hotel did not dispose of the property, nor exempted the creditor's rights, but provided services for commercial purposes, so it did not constitute fraud. Does that constitute theft? Theft refers to the transfer of property or property interests occupied by others without their consent. However, in the case of diners escaping from the order, although the diners ate the overlord meal and occupied the property of the hotel, they did not transfer the property occupied by the hotel, and the creditor's rights formed between the diners and the hotel did not transfer, so it did not constitute theft. Another question is whether malicious evasion should be punished. In essence, evasion is to evade debt and civil breach of contract. Escaping a bill is an illegal act that infringes on other people's property. Generally, if the amount reaches more than 2,111 yuan, you can be convicted and sentenced for fraud.

The hotel acquiesces in the consumer behavior that diners consume first and then pay. It has already acquiesced that diners have the will and ability to pay the consideration when receiving the service. After consuming, diners evade their debts in a way that they are not immediately discovered by the hotel or can't recover the expenses in time. According to the civil legal relationship, the actor should bear the liability for breach of contract such as paying the price, compensating for liquidated damages or compensating for losses.

Legal basis: Article 49 of the Law of the People's Republic of China on Public Security Administration Punishment, whoever steals, swindles, plunders, grabs, extorts money or intentionally damages public or private property shall be detained for more than five days and less than ten days, and may also be fined less than 511 yuan; If the circumstances are serious