Research On The Illegal Taking Of Money By Using The Third Party Payment Platform

How to identify the behavior of using the third-party payment platform to encroach on the victim’s property has become a hot research topic nowadays.In recent years,the third-party payment has changed from "payment channel type" to "channel + account type",which not only pursues convenience and rapidity,but also causes its own legal relationship and property transfer procedure to be covered by technical means.At present,there are many kinds of third-party payment platforms in our country,involving different functions and legal relations,and the new types of crimes that appear relatively have also increased a lot.The author of this paper sums up four focus issues and analyzes four typical cases from the perspective of focus issues.The third-party payment platform is still a non-financial intermediary service institution in strict accordance with the law in determining the nature of crime,but this does not affect the function,use and storage of the third-party payment platform and bank credit card The author believes that no matter illegally occupying the balance,financing fund or credit fund,the behavior of the fund conforms to the constitution of fraud crime.The actor conceals the fact that he / she is not the actual account owner of the third-party payment platform and operates the platform.The deception makes the third-party payment platform believe that the actor’s fictitious situation is true,and transfers the victim’s property to the actor in this false situation.All of them conform to the constitution of fraud.The behavior of infringing the third-party payment platform and the bound credit card constitutes the crime of fraud,while the law involving the direct infringement of credit card funds has added a management order of banks and other financial institutions,based on which the crime of fraud and the crime of credit card fraud are distinguished.