The Criminal Law Analysis Of The Case Of Using The Third-party Payment Platform To Embezzle Property

The third-party payment platform is a product of the rapid development of the Internet economy.As the name implies,it is a new online payment platform that is different from traditional payment.It is also a payment platform that integrates multiple functions such as online payment.With its rapid growth,it has become the mainstream of modern financial service industry,and at the same time,it cleverly makes up for the shortcomings of traditional trade payment platform services.With the rapid development of third-party payment platform services,Accompanied by a series of network invasion of financial cases,The author thinks that in this mode,the judicial application of the case of property abuse should be different from the traditional case of property abuse,Forming a clear direction of identification,In order to determine the future occurrence of complex new third-party payment platform financial abuse cases.In the process of transaction on the third-party payment platform,It can lead to a lot of economic crimes,This is the inevitable defect and malady of the development of Internet economy,The most common crimes include theft and fraud,And suspected credit card fraud,Through the analysis of the behavior pattern,This can be classified into three types:Illegal means to obtain other people’s personal information and then through the third-party payment platform to invade money 、 After making false payment links,he tricked others into paying through the third-party payment platform to invade their wealth、Establish a false transaction platform to lure the victim to bind the third-party payment method to invade wealth.This paper selects two typical cases,It focuses on the types of cases that illegally obtain others’ personal information and then use the third-party payment platform to invade money,Under the similar behavior mode and the infringement legal interest,The court was divided when it found the charges,In one case there was a conviction of theft、Fraud or credit card fraud,And in determining the number of crimes,some people think that the number of crimes should be punished together.There are many differences between the crime of property invasion under the third-party payment mode and the traditional crime of property invasion,The means of crime vary widely,In practice,there are more disputes about the application of law,This paper summarizes the controversial focus of the case and thinks that the problems mainly focus on three aspects:First,the identification of the nature of the third-party payment platform;The second is the identification of the violation of legal interests by impersonating someone else’s account and transferring money;The third is the imposter login other people’s account and transfer the criminal behavior is to steal or cheat the problem.This paper conducts legal analysis on the disputed issues to clarify that the third-party platform is a non-financial institution,Non-bank intermediary services,It mainly provides the payment function and deposit reserve fund function.Having determined its nature,The basic characteristics of the third-party payment platform can be grasped more accurately,To become more aware of the modus operandi of his crime,We will step up efforts to combat criminal activities.Theft and credit card fraud,There’s a lot of ambiguity between these two concepts,The vagueness of these concepts may eventually have an impact on the fight against crime.Therefore,they should be classified more accurately according to their basic attributes and characteristics,combined with the criminal jurisprudence theory research on the specific composition of the crime of theft and credit card fraud,and finally,the problem of determining the nature of the two cases of property abuse on the third-party payment platform should be solved.