A Study On The Behavior Of Illegal Access To Alipay Account

With the rapid development of Internet technology,third-party payment platforms have gradually emerged,and people’s payment methods and habits have undergone earth-shaking changes.Alipay,WeChat transfer and scan code payment as the new payment methods,are being used by more and more people,which gradually replace traditional cash payments.The new payment method has brought great convenience to people’s daily life,but at the same time,it has changed the traditional means of infringing on wealth,illegally obtaining Alipay Alipay,WeChat account and password,and then possessing funds from others Alipay and WeChat accounts.The behavior is endless in our daily lives.In judicial practice,due to the different qualitative ideas of the crimes against third-party payment platforms,many similar cases have different judgments in different regions.Moreover,a series of controversial issues such as the nature of third-party payment platforms,the scope of credit cards,and the extension of credit card information and materials in such cases have also led to extensive discussions in the criminal law community.In order to promote the proper resolution of such cases in judicial practice,in line with the concept of clear and concise complex issues,this article is based on the new background of the online payment service access network alliance platform,taking Alipay platform as an example,based on the typical cases of illegal acquisition of funds from others Alipay,analyzing the distinction between the name and the controversial issues is based on the essence of criminal behavior.The overall qualitative analysis of this article is conducted on the behavior of invading the property in the balance of Alipay,balance treasure,Ant Check Later and bindingcredit card,so as to form a unified way of conviction and sentencing,and provide a reference for handling such cases in judicial practice.This article is divided into the following four parts:The first part is the illegal acquisition of funds from other people’s Alipay funds.Firstly,the third-party payment platform was introduced,from the differentiation of third-party payment and third-party payment platforms to the introduction of the legal status of third-party payment platforms,and then to the analysis of the new and old transaction modes of Alipay platform.Secondly,it introduces the typical case of illegally obtaining the funds of Alipay,analyzes the disputes involved in the case,and starts with the essence of the crime,and combs and summarizes the common problems of the three typical cases.The second part starts with the distinction between the crime of theft and the crime of fraud.On the basis of the analysis of the relationship between Alipay,users and banks,it studies and analyzes whether the machine can be cheated and the behavior of punishment,so as to put forward the viewpoint and reason of denying the crime of fraud on the behavior of illegally obtaining other people’s funds of Alipay.The third part aims to distinguish between larceny and credit card fraud.First of all,this paper analyzes the related legal provisions on the crime of credit card fraud,then defines the nature of Alipay and its products,credit card information and other issues according to relevant legal provisions,and finally explores the issue of possession attribution from the perspective of criminal law.In the fourth part,based on the conclusion of the above analysis,the author puts forward three reasons to constitute the crime of theft on the question of the qualitative behavior of illegally obtaining other people’s funds in Alipay,which are consistent with the crime constitution of the crime of larceny,consistent with the conviction requirements of subjective and objective consistency,and avoid the confusion of judicial judgment.