| Emerge in an endless stream with the rapid development of Internet economy,the third party payment platform represented by Alipay is gradually replacing the traditional payment mode.It provides us convenience to enjoy various services,and the virtual and convenient nature of the third party payment platform also gives criminals the opportunity to take advantage of it.In recent years,the crime of property related crimes related to Alipay has emerged one after another.Alipay has been increasing year by year.Due to the fact that Baoxing has only been in a short period of time,the law has not made detailed provisions in the criminal law and there is no relevant judicial explanation.In practice,the qualitative judgments of illegally obtaining Alipay accounts of others be quite different from those of different courts.Whether such acts are "stealing" or "cheating" is worth further exploring.This article takes three real cases involving illegally obtaining Alipay accounts from other people as the breakthrough point,combines with the operation characteristics of Alipay,and probes into the nature of the behavior in depth.By analyzing the legal issues behind the controversy,this article makes clear the division between crime and crime,so as to properly convict and measure the crime of illegally obtaining other people’s Alipay account.This article through three chapters to demonstrate the illegal acquisition of others Alipay account qualitative problem,and make a key analysis of the situation which constitutes a crime,demonstrates that illegal acquisition of funds paid by others in Li Bao should be identified as theft,and the act of illegally obtaining loans by others Alipay should be identified as the rationality of the crime of credit card fraud.Based on the basic situation of the case,this article summarizes the three typical cases by summarizing the controversial points of this article,including: 1.the problem of illegal acquisition of funds in other Alipay accounts.2.the qualitative problem of illegally obtaining the funds in the bank card bound by others’ Alipay account.3.the problem of illegal acquisition of loans by others Alipay.In practice,the court has different opinions on similar cases,such as larceny,fraud and credit card fraud.I believe that the illegal acquisition of the balance in Alipay accounts and the two kinds of crimes of bank card funds tied to Alipay and overdraft of others "ants flower" constitute different two independent crimes and should not be confused.In the legal analysis part,through the analysis and comparison of the three kinds of crimes of larceny,fraud and credit card fraud,it is found that although the three kinds of crimes are all property invasion crimes,they have certain relevance and cross type,but there are differences in behavior and crime object.Identifying the similarities and differences between the three kinds of crimes is very important for accurately identifying the nature of illegal acquisition of other Alipay accounts.Finally,in the conclusion and Enlightenment part of the article,through the analysis of the previous article,the author puts forward his point of view,and at the same time hopes that the relevant departments can formulate relevant judicial interpretation for this kind of behavior,and further clarify and refine the existing judicial interpretation. |
