Analysis On Mr.Wang's Theft

With the development of the times and the continuous prosperity of the mobile Internet,payment methods have also begun to change,and smart payments have emerged.The rise and development of artificial intelligence such as intelligent payment has brought great convenience to human life,but at the same time,it has spawned a new type of risk of smart payment property crime.In the property crime,smart payment often appears as a third party.Compared with the traditional crimes of property infringement,they have great difference in communication methods,legal relations,property relations,property rights,and forms of criminal behavior.Different diversification factors just provide convenience and opportunity for perpetrators to commit crimes.For example,there is more room for the use of criminal means,the precision and planning of the crime layout are stronger,and the various criminal means that can be performed together make the real and false actions of the perpetrators more difficult to distinguish.The complex crime of property invasion has become more hidden and complicated with the development of smart payment.Mr.Wang's theft case is such a typical smart payment property infringement case.In this case,"whether the wing payment system can become a passive party to deception" and "how to determine Mr.Wang's criminal behavior" are controversial in criminal law theory and judicial practice,and are also the focus of Mr.Wang's theft.Focusing on these,with the questions "What is the criminal law nature of virtual funds?","Can virtual funds become objects of property crimes?","How is the virtual funds occupied?",and "What is the nature of Mr.Wang criminal behavior?",through careful legal analysis of the "passive side of deception","the scope and rationality of the property" of the theft of criminal objects,"the corresponding characteristics of the property pointed to by the criminal object of property" and "the possession status of the property pointed to by the behavior object","the necessity and standard of the secret attribute of illegally obtaining money" in the objective aspect of theft crime,the subject and subjective aspect of the theft crime,and then concluded that Mr.Wang's criminal behavior meets the requirements of theft crime and should be characterized as theft crime.