The Qualitative Study On The Crime Of Property Infringement Under The New Payment Environment

In recent years,the new payment method represented by the network third-party payment have developed rapidly and are remarkable.This new payment method breaks the traditional trading habits and makes people's payment process simple.It not only provides multiple channels of property circulation,but also brings the rapid circulation of money.It is a major change of payment method under the network environment.While payment environment updates,it also opens up the possibility of new type of crimes.The combination of virtual property,digital space and new payment method has concealed the manifestation of traditional property crimes,making judicial practice more controversial about the nature of such crimes.However,no matter how the behavior is refurbished,such crimes have not broken through the property crime system stipulated in China's criminal law,and have not shaken the basic theory of property crime.The difficulty lies only in revealing the nature of the behavior of the facts of the new criminal case,and using the property crime legislation and theory to standardize the understanding and application of the case.In this context,this paper selects two typical cases of “replacement of two-dimensional code” and “using other people's Alipay to transfer money” in the new payment environment as a sample for analysis of the distinction between theft,fraud and credit card fraud on the base of clarifying theory.This article is divided into three parts: preface,main body and conclusion.The preface mainly states the background and significance of the topic,the current research on this issue,the main research methods and innovations and deficiencies.The main body is divided into three chapters.The first chapter mainly introduces new payment method represented by network third party payment and the current judicial status of such crimes,including the characteristics of crimes and the current dilemma of judicial application.The second chapter and the third chapter respectively take the case of “replacement of two-dimensional code case” and “the case of using other people's Alipay private funds” to sort out qualitative disputes and discuss how to characterize the case on the basis of clarifying the traditional crime theory.And find the right path for the distinction between sin and sin.The “replacement of two-dimensional code” case involves the distinction between theft and fraud crimes.The problem lies in the fact that it is difficult to identify property possession and victims;the intrinsic behavior of the case cannot be determined under the means of intertwining fraud;whether there is a major dispute in the case of property disposition.The crime of theft and fraud should be distinguished from three points: Firstly,by judging whether the interactivity exists or not,the main means of determining whether the perpetrator obtains property is stealing or fraudulent behavior;secondly,whether there is property disposition in the case,it is the core of the two crimes;the third is to see the degree of violation of the will of the victim.According to this,the “transfer twodimensional code” should be convicted of theft because the nature of the behavior of the perpetrator is stealing,the business and customer behavior are not satisfied with the “disposition requirements” of the crime of fraud and the perpetrator is completely against the will of the merchant to obtain money.The case of “using other people's Alipay to transfer money” involves the distinction between theft and credit card fraud.The problem lies in: it is difficult to determine the relationship between new payment methods such as Alipay and credit card payment;when there are two acts of obtaining Alipay accounts and passwords and using other people's Alipay in the case,it is impossible to determine what kind of behavior is the key to finalizing the case;how to determine Disciplinary action in the crime of credit card fraud.The distinction between theft and credit card fraud also starts from three points.One is to judge whether the criminal act violates the credit card management order.Under the new payment environment,the “credit card” on the criminal law should be reunderstood;the second is to clarify that the essential behavior of the infringement of the legal interest in credit card fraud is fraudulent behavior;The third is to re-understand the meaning of "fraud" and "disposition" in the crime of credit card fraud.Deceptive object should not distinguish between machines or people.According to this,in the case of “using other people's Alipay to transfer money”,the perpetrator should to be convicted of credit card fraud.The reason is that Alipay is a way of credit card payment,criminal behavior violates the credit card management order;the fraudulent behavior of the perpetrator is essentially leading to the damage of property and management order and in this case,Alipay “proactively delivers” property based on the misunderstanding of the identity of the cardholder.The conclusion part mainly summarizes the case of the “replacement of twodimensional code” case and the “use of other people's Alipay to transfer money” case to distinguish the various types of property crimes in the new payment environment.First,no matter how much influence this kind of new payment method has on property crime identification,it is still necessary to grasp the traditional crime theory,grasp the essential difference between crimes,and seek a relatively proper normative evaluation within the limits of the principle of legality of crime.Second,it must also recognize the challenges brought by the development of science and technology and the evolution of payment methods to traditional criminal theories.It is also necessary to constantly update the understanding of relevant criminal theories and criminal law provisions to deal with crimes in new payment environments.This paper starting from the cases,hopes to clarify the external characteristics of the related crimes of infringement under the new payment environment,and explore the logic of the qualitative crimes,in order to provide a solution for the judicial practice to correctly identify the new type of crimes.