Qualitative Research On Crimes Involving Payment Of QR Codes

There are disputes in criminal law theory and judicial practice about the nature of the crime of replacing,stealing and defrauding funds to pay for two-dimensional code transfer account.Scientific definition of payment two-dimensional code and its relationship with credit card in criminal law is an important prerequisite for resolving disputes.Payment two-dimensional code is an important identification tool for third-party payment institutions,and the accounts of third-party payment institutions largely depend on bank cards(credit cards in criminal law).Users can pay two-dimensional codes,transfer funds directly from bank cards on the platform of third-party payment institutions,and even circulate funds in bank cards directly between platform accounts.It can be seen that the payment of two-dimensional code is identical with the credit card stipulated in the criminal law.The intangible property recorded in both accounts is digital property,which is the general equivalent of payment value in the Internet or real life.It is circulated and traded in the market and protected by law.Therefore,the two-dimensional payment code bound to a bank card can be directly recognized as a credit card.The act of replacing the two-dimensional code of the business to transfer the funds of other people's accounts,the actor replaces the business' s receipt code with his own barcode of payment through the business' s negligent moments,and collects the business' s money,which conforms to the constitution of the crime of theft.Whether theft is a crime of theft or belongs to the act of impunity after the event is disputed.It is concluded that theft is in conformity with the regulations of theft of credit card information on the network or communication terminal,and that the act of using account instead of others' identity without authorization,that is to say,using others' credit fraudulently.Card,in line with the composition of the crime of credit card fraud.Whether the machine can be deceived is the main controversy for cheating someone who has already bound the two-dimensional code of the bank card and acquired the password to transfer property.Because the third payment platform has some recognition function similar to the human brain,and then has the possibility ofrecognizing errors.At the same time,the judicial interpretation also clearly mentions that those who defraud other people's credit card data and information,operate and apply on the network or communication terminal,belong to the act of fraud,and should be convicted of the crime of credit card fraud.Moreover,there is no distinction between machines and natural persons,and there is no case of legal fiction.Therefore,the act of defrauding two-dimensional payment codes and payment password transfer funds bound to bank cards,which conforms to the provisions of judicial interpretation,should be attributed to the act of fraudulent use of credit cards,constituting the crime of credit card fraud.