Criminal Definition Of Converting Third Party Credit Payment Products Into Cash

Crime of infringing property is an eternal topic in criminal law.The emergence of the crime of embezzlement involving third party payment makes criminal justice practice have to face up to the reality of the transformation of property from entity to fictitious and property to property interests.Criminal law needs to solve not only the conflict between basic theory and social practice,but also the application of specific crimes.Does the third party credit payment product belong to credit card in criminal law? What are the financial or property attributes of the credit limit of third-party credit payment products? What kind of behavior pattern does the third party credit payment product arbitrage have,and how should we distinguish between crime and non-crime,this crime and that crime? The overall problems of forestry need to be analyzed comprehensively and systematically.The logical idea of this paper is to briefly expound the development of third-party credit payment as a starting point of research with practical value,then discuss the related common problems,and finally summarize relevant cases to accurately characterize the specific behavior.The specific structure and main contents of this paper are as follows:The first part elaborates the evolution of payment methods from the perspective of criminal law,reflecting the social background of the current new payment methods.This paper first introduces the development of payment and payment methods,then briefly describes the current situation of the development of third-party payment in China,and finally briefly analyses the types of criminal risks and related acts under the new means of payment.The first content of the second part is the analysis of the financial attributes of third-party credit payment products.First of all,we need to clarify the criminal connotation of the concept of credit card.Because of the repetition of the preceding regulations and the special provisions of the legislative interpretation of the National People’s Congress,the concept of "credit card" under the meaning of criminal law is more extensive than the extension of "credit card" in economic law.Therefore,it is necessary to confirm and fix the constitutive elements of related credit card crimes in order to correctly define the boundary between third-party credit payment products and credit cards.Secondly,it emphatically analyses the operation mechanism of third-party credit payment products,and expounds that under the premise that the external forms such as overdraft are similar to credit cards,they are substantially different.The third-party credit payment products realize the function of overdraft and installment payment by bypassing the relevant provisions of credit card issuance and cooperating with different corporate entities.Therefore,the third-party credit payment products do not belong to the "credit card" in the sense of criminal law.The next content of the second part is the analysis of property attributes of third-party credit payment products.Property crime needs relative objects of property,from tangible to intangible,from property to property interests.With the development of society,the object of property crime is expanding from tangible and tangible to intangible and virtual.The credit limit of third-party credit payment products should be a virtualized creditor’s right certificate and a property interest,which should be included in the field of property crime evaluation and protected.In addition,the balance of third-party payment products is different from the credit line,the former is more like prepaid value,and the latter is more dependent on the third-party credit payment platform.The third part is about the qualitative analysis of the existing behavior of the product of counterfeit third-party credit payment.Through case study,different charges should be identified according to different actors and behavioral patterns.Firstly,it is determined that the third paragraph of Article 196 of the Criminal Law belongs to legal fiction.Secondly,it introduces the presupposed consent theory to solve the theoretical differences between triangular fraud and bilateral fraud.The sole evaluation is the crime of illegally obtaining data from computer information system and concurrently punishing several crimes of fraud;the crime of embezzlement of identity documents should be assessed as the crime of using identity information to control the cash flow of flowers by using identity information to report the loss of flower information account in principle,but as the crime clause clearly states that the crime of constituting several crimes should be punished as felony,it is only punished as the crime of fraud.According to the guidance of the pre-law,micro-loan companies should be evaluated as "other financial institutions" in the crime of loan fraud.Therefore,the act of registering ant choking and cash in the name of others should be punished as the crime of loan fraud.The forth part is about the qualitative analysis of the current behavior of the third party credit payment products except the counterfeit use of others.It includes the qualitative analysis of the cash service provided by the special merchant and the third-party credit payment products under the name of the overdraft of the user’s cash.For the special merchants who provide cash-taking services,they should be identified as illegally engaged in the payment and settlement of funds,thus constituting the crime of illegal operation.As for the third-party credit payment products under the name of overdraft,the author believes that if there is illegal possession purpose,the malicious overdraft should be punished by the crime of loan fraud;if there is no illegal possession purpose,the current behavior of general overdraft should be identified as civil breach of contract.