| With the development of the Internet and the popularity of communication tools,third-party payment represented by Alipay is increasingly integrated into people's daily lives.Alipay's simple and convenient operation has dramatically changed the cumbersome process of traditional currency payments,but it has followed the “evolution” of traditional methods of infringing property crimes,making the boundaries between theft and fraud increasingly blurred,leading to the application of the crime between theft,fraud and credit card fraud is not only confusing in the judicial practice,but also caused considerable controversy in the theoretical circle.In the era of artificial intelligence,the discussion of whether the machine can be deceived has once again begun,but "the machine can not be deceived" is an objective fact and a mainstream view of the academic world.Therefore,the use of Alipay to transfer the balance of Alipay's account of others should be considered as theft.The change in payment methods has made the “person-to-machine” credit card usage trending.Compared with fraud,the uniqueness of credit card fraud has also become stronger,which determines the relationship between credit card fraud and fraud is the crossing overlap of law articles.Due to the virtualization of the way credit cards exist,the "people-to-machine" credit card usage is becoming more and more popular.The particularity of the legal interest of credit card fraud in China determines the independence of the crime,and it should be a cross-cooperation relationship with fraud.Even if the "machine can not be deceived",the use of Alipay to transfer funds from other people's bank cards should be considered as credit card fraud.This article is divided into three parts:The first part sorts out the differences in judicial practice and the debates in the academic world when characterizing the behavior of using Alipay to transfer funds from others.Firstly,based on the different sources of funds,conduct a typological analysis of the use of Alipay to transfer other people's funds.The behavior can be divided into two types: the use of Alipay to transfer the funds of others' Alipay balance and the transfer of funds from other people's bank cards.Then,focusing on the contradiction in the judicial practice of characterizing the use of Alipay to transfer other people's funds,and there is the volatility of the crime of theft,fraud and credit card fraud.Finally,it introduces the controversy of the criminal law scholars on the use of Alipay to transfer the funds of others,and shows the main reasons for "theft","scam" and "credit card fraud".The second part presents the reasons for characterizing the behavior of the use of Alipay to transfer the funds of others' Alipay balances as theft.Taking "the machine can not be deceived" as the starting point,the possibility of behavior as a crime of fraud is denied.The main reason is that Alipay account is not a credit card account,negating the establishment of credit card fraud.It analyzes the shortcomings of the existing "theft",and the main reason why the behavior in this chapter can be identified as theft is that "debt can be the object of theft" and "open theft."The third part presents the reasons for characterizing the behavior of the use of Alipay to transfer the funds of others' bank card as theft.Since the transferred funds are derived from credit cards,the act,whether it was identified as theft or fraud,is an incomplete evaluation of the result of the violation,which cannot fully protect the legal benefits.And without the object of fraud,it cannot be considered as fraud.Credit card fraud and fraud in our country is the crossing overlap of law articles relationship in China,and the illegal use of other people's credit cards by machines is a "fraudulent" credit card fraud.The behavior of the use of Alipay to transfer the funds of others' Alipay balances is essentially an act of illegally using another person's credit card,and It should be recognized as the crime of credit card fraud. |
PDF Full Text Request