Qualitative Analysis Of Behavior Of The Perpetrator Using Alipay Account To Obtain Funds

In practice,the qualitative determination of the behavior of using Alipay and other accounts to obtain funds of others is different,mainly focused on the crime of theft,fraud,and credit card fraud.However,the use of third-party payment accounts to encroach money usually requires illegal access to personal information of others,which may also violate other crimes,and must be considered in qualitative analysis of behaviors.In the first part,the author analyzes the specific cases in which the convictions are different in the judicial trial,and sums up the controversial focus of the qualitative nature of the behavior.And the behavior of obtaining other people's funds by Alipay and other accounts is divided into:the behavior of obtaining funds in Alipay accounts and obtaining funds in bank cards,and the two behaviors are discussed respectively.In the second part,with regard to the behavior of the actor to obtain the funds in Alipay account,the author from the nature of Alipay and other platforms,Alipay platform has the right to dispose of the funds in the account,the behavior does not have "confidentiality",users fall into the wrong understanding.Through the analysis of the five aspects of passive delivery,it is concluded that the use of Alipay and other accounts to obtain funds in the account should be punished as the crime of fraud.In the third part,the author divides the behavior of the actor to obtain the funds in the bank card bound by Alipay into the behavior of obtaining the funds in the card after binding the bank card without authorization and the behavior of obtaining the funds in the bound bank card.With regard to the behavior of obtaining the funds in the card after binding the bank card without authorization,the author analyzes the situation of "using another person's credit card" and"stealing and using another person's credit card".With regard to the infringement of the funds in the bound bank card,the author analyzes the subjective and intentional content of the perpetrator,the legal interests of the infringement and the illegal possession of the funds in the bank from three aspects:the use of credit card information materials.It is concluded that in addition to stealing other people's credit cards,they can tie them up without authorization.In addition to theft,credit card fraud is used to characterize the situation of platform accounts such as Alipay.In the fourth part,the author analyzes the relationship between the behavior of illegally obtaining the personal information of others and the behavior of obtaining money from three aspects:the heterogeneity of the behavior,the dominant position of the intention of invading the money,and the relationship between the behaviors.It is concluded that the crime of illegally obtaining personal information of others is implicated in the above crimes and punished from a felony.