Study On The Application Of Criminal Law Of Credit Consumption Loan In Third-party Payment Platform

The third-party payment platform credit consumer loan is a new type of consumer payment product.The original purpose of this product is to enhance the user stickiness of the third-party payment platform,which is a supplement to the traditional payment settlement means.However,with the gradual advancement of young people's consumption patterns,credit consumption loan services,which were originally used as “adjusted products”,have become “new darlings” in the consumer field.At present,the third-party payment platform credit consumer loans mainly include “Ant Credit pay”,“Jingdong white strip” and “Willful pay”.These products further stimulated individual consumption desires and promoted the further expansion of the domestic consumer market.However,the original purpose of these credit consumer loan service products was to promote consumption,rather than providing users with financial support for any purpose.Therefore,this service does not support the operation of the user to withdraw the amount.But the so-called "the road is one foot high,the magic height is one foot."At present,the phenomenon that criminals use the personal credit payment products launched by e-commerce platform to cash out is endless,but there is no relatively uniform processing mode for these behaviors in judicial.Therefore,this paper classifies the behavior of cash-selling loans from third-party payment platforms,which are mainly divided into three types:black-single-type fraud,“fake-type” cashing and “organizational” cash-out,and The behavioral model is supplemented by a typical case to analyze the disputes,and the behavioral crimes and non-crimes,the crimes and the crimes of the third-party payment platform of the e-commerce platform are explained and demonstrated,and refined on this basis.The principles of trial and academic research provide analytical ideas for trials and academic research,as well as legislation.This article is divided into four chapters:The first chapter explains the cash-out service of the third-party payment platform consumer credit loan business.The first section,a brief overview.That is,a brief conceptual explanation of the consumer credit products launched by the third-party payment platform;the second section analyzes the causes and characteristics of the three-party payment platform consumer credit service,and the third section,conducts an empirical study on the cases in judicial,and Type it.It is divided into three sets of "cash-only" fraud,"fake-type" cashing and "organizational" three cashing models.It also sorts out and preliminarily controversies in the judicial and academic circles.The second chapter is mainly about the typical case of fraudulent behavior in the practice of fraud--the case of Fu.The first section first introduces the case and clarifies the dispute points in the academic,and discusses in four sections that the machine cannot become a target of fraud.The behavioral object in the behavior is not a machine.The service attribute of the victim belonging to the third-party payment platform and the third-party platform credit consumer loan cannot be regarded as the four points of the credit card to demonstrate it.Finally,it is concluded that“fake-type” cash is a loan fraud.The main logic of the text is to first clarify whether the current type of fraudulent use can be regarded as machine behavior and whether the machine can become a target of fraud,and then the research object in the clear research case belongs to the machine,but the substantive crime object in the research case is actually On the basis of the small loan company,it is determined thatthe “fake-type” set is currently capable of establishing fraudulent crimes.Finally,it is clear that the victim in the typical case is the small-sized small loan company behind the service and the “credit consumption loan service”."Virtual credit card" to conclude that "fake-type" behavior is a loan fraud.The third chapter mainly discusses the current situation of "organizational" set,and analyzes the typical case of "the first case of Ant Credit pay cashing" by combining the newly promulgated "Judicial Interpretation" to demonstrate that it belongs to the crime of illegal business.The act of “illegally engaging in the payment and settlement of funds”.The first section first introduces and analyzes the identified difficulties and academic differences in the typical case.The second section mainly discusses the idea that “credit consumer loan service cannot be regarded as a 'virtual credit card'”,clarifying “credit consumer loans” and “ Virtual credit cards have many differences in the facts and legal nature of the service provider.In the third section,the “Illegal Engagement of Funds Payment and Settlement Business” was separately explained in the financial regulations and criminal law.Finally,the two issues concerning the application of the law on the illegal employment of funds payment settlement business and illegal trading of foreign exchange criminal cases were settled.Interpretation,reinterpreting the current "organizational" set.On the basis of combining judicial interpretation,the fourth section reinterprets the "organizational" set of current criminal law application issues,and analyzes the views of both the prosecution and the defense in academic circles and typical cases.Finally,it is concluded that the current set of organizations is “illegally engaged in the payment and settlement of funds”.The fourth chapter mainly expounds the enlightenment of legal interpretation in the research.It aims to summarize and sublimate the full text under the support of the objective interpretation theory and the provisions of the criminal law.It is mainly divided into four sections.Firstly,it should be advocated in the interpretation of criminal law.Interpretation theory,that is,in the study of criminal law,the existing legal system and legal interpretation should be strictly followed in the study of the nature of criminal objects.Secondly,the criminal constitution should be strictlyfollowed when making judgments about the nature of crimes.This is mainly for some analogy methods that appear in academic research and judicial practice.In this study,the specific performance will be “credit consumer loans”.The service is interpreted as a "virtual credit card" or the organization of the current set of practices is interpreted as the practice of organizing credit card cashing.The author believes that the logic of these explanations is worthy of scrutiny.Secondly,it is aimed at some scholars' doubts about the "secondary illegality" theory.The author thinks that there may be controversy in the theory of secondary illegality in the field of natural crimes,but in the field of legal criminals,the theory of secondary illegality should absolutely be adhered to because This is not only a requirement contained in the concept of the definition of “statutory offender”,but also a concrete manifestation of the principle of legality of a crime.Finally,in view of the fact that the administrative regulations on the “fund payment and settlement business” found in the legal search conducted by the author in the academic research are scattered in many laws and there is a lack of transition between executions,the author believes that the administrative law should be strengthened.Systematic and specialized legislation on the “funds payment settlement business” to achieve a smooth transition between executions.