Qualitative Research On The Property Crime Under The Background Of Third Party Payment

With the development of Internet technology and the popularization of mobile terminal,the third party payment method,such as Alipay and Wechat,is rising rapidly,and has won a great payment market in China.Although the third party payment and the traditional payment are both monetary payment,there is no essential difference.However,due to the fictitious nature of the property when using the third party payment and the involvement of the third party payment platform,it is difficult to identify the criminal object and behavior in the case of the third party payment.In judicial practice,there are larceny,fraud and credit card fraud for the crime of the third party payment.In addition,there are disputes about the crime of loan fraud and the crime of contract fraud in the conviction of the crime of usurping the credit property in the third party payment.The reason for the different cognizance of the crime of the third party payment is that there are disputes on the nature of the third party payment platform,the nature of the embezzled property and the nature of the act of the actor as theft or fraud when the nature of this kind of case is confirmed in the theoretical circle and the judicial practice.As for the dispute over the nature of the third party payment platform,the first manifestation is whether the third party payment platform is an intermediary or an entrustment or trust service agency in the civil law relationship,the answer to this question determines whether a third party payment institution has a property right over the customer’s property in its custody.Second,whether the third party payment belongs to the credit card payment,the answer to this question directly determines whether the property in the third party payment platform should be defined as the credit card fraud crime.The dispute about the property attribute of the third party payment account firstly shows whether the property is "digital property" or "creditor’s rights and interests",Next lies in the third party pays in the property ownership dispute.The dispute focus of theft and fraud in the case of the third party payment is whether the behavior of the actor is theft or fraud and whether the machine can be swindled.Therefore,the premise of solving the dispute of the crime of the third party payment is to clarify the nature of the third party payment platform,the nature of different property in the third party payment account,and the difference between the crime of theft and the crime of fraud under the third party payment.According to the relevant laws of our country,the third party payment institution is a non-financial institution,and can not equate the third party payment with credit card payment,third party payment platforms and users have the right to keep the client’s property in the payment platform based on the custody contract,and because third party payment platforms belong to payment machines,without the sense of disposition,they can not be cheated,therefore,the act of transferring the property in the balance category of the third party payment account should be regarded as the crime of theft;the act of using the third party payment account to transfer the property in the bank card tied to the third party payment account,as it involves the normal management of bank cards by banks,punishment shall be imposed in accordance with the crime of credit card fraud;if the credit property in the payment account is encroached upon,since the credit property belongs to the property of the microfinance institution,it should be regarded as the crime of loan fraud,and the case of defrauding others to start an intimate payment for money should be determined according to the behavior of the actor.In judicial practice,several crimes should be punished according to whether the behavior of the actor is in conformity with several crimes.