A Study On Several Issues Of Crime Using The Third-party Payment Platform

In recent years, with the progress in technology and the economy, e-commerce is developing gradually. While at the same time of the trend of rapid development, third-party payment platform has begun to enter people’s vision. The emergence of third-party payment platform has injected fresh vitality to China’s economic development. However, in the process of its prosperity and development, many problems gradually revealed. Due to the lack of internal and external supervision and other reasons, the criminals use the convenience of third-party payment network platform to fraud, launder money, cash credit card illegally, and evade tax online. And as a result of third party payment companies themselves and their external ineffective supervision that results in a number of third-party companies to pay for illegal diversion and misappropriation of funds and other illegal activities. And also because it depends strongly on this emerging electronic payment term and the Internet, thus these types of crime has brought many controversial issues to the judicial organs of China and the criminal law theory.Firstly, cash illegally from the using of third-party payment platform. The latest judicial interpretation in our country stipulates that if the cardholder violates the state regulations and uses the POS machines and other methods to cash credit card illegally, they will be convicted of illegally business in serious cases. The judicial interpretation also formally defines the behavior of illegal cash. If the problem including the use of third-party payment platform for the implementation of illegal cash, so in order to be convicted of illegal business is appropriate is a controversial, so to be convicted of illegal business is appropriate or not is also controversial. On the other hand if do not include, and how to regulate the use of third-party payment platform for the implementation of credit card cash illegal behavior? In addition, third-party payment companies internal staff misappropriation of funds precipitation third-party payment platform misappropriate precipitation funds illegally from the third-party payment platform, whether such conduct constitutes a crime and what constitutes a crime is worthy of detailed analysis and discussion. These are the problem that this paper will focus on research and demonstration. In order to solve these issues, the first thing this paper has to do is to define the concept of behavior using the third-party payment to execute crime. What was the reason for this criminal behavior? In addition, how many kinds of crime using third-party payment platform there are in the realistic society. Secondly, in view of scholars’ controversial points, it is necessary for paper to conclude analysis and demonstrate in detail. Thus,the underlying cause for emergence of above-mentioned controversial issues can be found out, which is effective means help us to ensure exactly whether there are challenges to the traditional theory of criminal law brought by crime using third-party payment platform and whether our traditional theory of criminal law can keep on applying to these crimes. Only figuring out these issues can the paper solve the above-mentioned controversial issues!Finally, in a word, the third-party payment is a new type of economic form and the prevalent growing trend in e-commerce field. Criminal law, as the final legal barrier, how to reply these problems and how to deal with the issues brought by crime using third-party payment platform in current judicial practice, can not only promote its development, but also protect its development. This paper will analysis and demonstrate around the above-mentioned controversial issues in detail and put forward some advice about these issues caused by the crime using third-party payment platform.