Criminal Law Evaluation Of Transferring Money From Other Parties' Third-party Payment Platform

With the continuous development of network technology,third-party payment methods represented by Alipay gradually cover all aspects of our lives.While the new payment methods bring convenience to our daily lives,some of the actors also use the new payment platform to implement property crime activities.In addition,because the third-party payment method such as Alipay simplifies the transaction payment process,this kind of infringement case presents the characteristics of concealment,which also makes the case of inconsistent crimes appear in judicial practice.To this end,this article takes the relevant criminal law theory and judicial cases as the starting point of research,in order to systematically study such cases.This article is divided into three main parts:The first part is to sort out the main types of the transfer of money from other people's Alipay accounts in judicial practice and the relevant basis of type,in order to have a clear and correct understanding of the new types of money infringement cases.In practice,depending on the source of funds,there are mainly two types: fraudulent balance and bound bank card funds.This article mainly discusses the first two types of behavior.For the act of fraudulent use of other people's Alipay balance,the qualitative disputes in judicial practice mainly focus on the crimes of theft and fraud;and the money in the bank card that is fraudulently used by other people.Thebehavior of the money is mainly concentrated on the crime of theft and credit card fraud.The premise of correctly conducting the criminal law evaluation is to clearly define the nature of the third-party payment account.This article focuses on the difference between the Alipay account and the bundled credit card account,including the account and the money,as a prerequisite for the following type analysis.The second part mainly demonstrates that the transfer of the balance of other people's Alipay account constitutes the rationality of fraud.Theft is completely contrary to the will of the parties,and the crime of fraud is the use of the party's meaning.When Alipay receives the agent's instructions for property transfer,it does not completely violate the meaning of the manager behind it or behind it.Because as long as the actor enters the correct password or verification code and other information that can prove the identity of the actor,Alipay will agree to the transfer of property based on the pre-set procedure,which is a conditional consent transfer,not completely contrary to its meaning.Thus this behavior excluding the possibility of theft.In addition,disciplinary action is a core issue that distinguishes between theft and fraud.With the development of artificial intelligence technology,the machine can not be scammed by the times.The machine represented by smart equipment should be included in the scope of fraud,that is,the smart device such as Alipay can be used as a target of deception.In addition,Alipay enjoys a corresponding range of property disposition rights based on user authorization.The actor makes the Alipay device misunderstand by inputting the correct password,issues the wrong money transfer instruction,and causes the legitimate user to suffer property loss,which is consistent with the behavior of the triangle fraud in the fraud.The third part demonstrates the crime of credit card fraud for transferring the money in the bank card bound to the Alipay account.Under the type of behavior,the illegal transfer of the actor by the legal user is a property right of the bank,which is a property interest,but the problem of how the property interest is stolen in the third party payment infringement case has not yet sought an appropriate solution.In addition,because Article 196,paragraph 3 of the Criminal Law,is inconsistent with the legal interpretation of the judicial interpretation of “using other people's creditcards” in credit card fraud,the special element of credit card makes this type of behavior more difficult to evaluate.The cases of infringement of money by third-party payment platforms occur in cyberspace and do not comply with the provisions of the criminal law to steal physical cards and use them.Therefore,it is not appropriate to directly apply the provisions of criminal law,but should use other people's credit cards in credit card fraud according to judicial interpretation.The situation is to evaluate the criminal law.Under this circumstance,the bank is still the actual custodian of the funds paid and the actual payment channel.The payment process is still based on the bank payment system.Alipay plays the connectivity function.The actor uses the fake card card account to actually make the bank Deceiving and making wrong orders constitutes a crime of credit card fraud.