Criminal Law Evaluation Of Transferring Funds In Alipay Account Of Others

With the development of information technology and the popularity of mobile phone,the third party payment platform represented by Alipay has become a part of people’s daily life.All things have two sides.As a new way of payment,Alipay has brought many conveniences to people’s lives and provided a quick way for capital transactions.But it also gave criminals a chance to take advantage of it.The crime of embezzling money against Alipay platforms is a high risk.At the same time,there are different views on this kind of behavior in the academic circle,and different punishment for the same crime often occurs in the practical circle.At present,the differences between academic and practical circles in the evaluation of such behavior are mainly concentrated on three counts of theft,fraud and credit card fraud.Through the collation and analysis of relevant scholars’ views,combined with practical cases,this paper summarizes the characteristics of two behavioral types of Alipay account balance and the funds tied to credit card within the account under this behavior mode,and makes an analysis of the rationality of three kinds of criminal law evaluation of larceny,fraud and credit card fraud.The behavior of transferring Alipay funds to others is not in line with the characteristics of "stealing secretly".Meanwhile,the way of illegal obtaining funds from others is not "active acquisition" but"passive delivery",which can not be assessed as theft.The essence of Alipay platform is"machine" and can not be an object of fraud.However,the behavior of transferring Alipay funds to others is actually not a Alipay machine,but a manager behind the Alipay platform.The characteristics of the behavior type are not "stolen account funds",but the managers behind the Alipay platform.。At the same time,based on the different legal interests violated in specific criminal acts,if the violation of Alipay’s credit card issuing bank’s management order should not be violated,it should be characterized by fraud.About how to deal with the illegal transfer of other Alipay account funds this new criminal behavior mode,first of all,improve our criminal law and judicial interpretation of the illegal transfer of Alipay accounts of the crime of financial offense,and other relevant laws,policies and systems to regulate such crimes,in order to cooperate with the legislation;secondly,strengthen supervision,and further increase.Third,we should strengthen the protection of citizens’ personal information and put an end to criminal acts from the source.