| With the rapid development of social economy,the trend of informatization of society is constantly emerging and strengthening,giving birth to a new type of third-party payment.While this brings convenience to people,it also provides opportunities for people with ulterior motives,especially property crimes.Although many property crimes that occur in the third-party payment scenario have similarities in behavioral means,there are still many cases of different judgments in the same case in judicial practice.Third-party payment crimes mainly occur in the field of e-commerce,using information as a carrier to establish a connection with the user’s savings card or credit card through a third-party payment account.Nowadays,the more common and high risk factor is the fraudulent use of property crimes,which mainly use the novelty of third-party payment to commit crimes.Through searching relevant cases and court judgment documents,it is found that in the past three years of fraudulent property infringement crimes,there are a lot of ambiguities in the determination of the crime and the application of the criminal law,especially the large controversy in the determination of the crime.The main reason for this problem is that the nature and positioning of third-party payment,legal relationships,and the objects of infringement have not yet been clarified at the factual level;the key criteria for distinguishing fraud and fraud at the regulatory level have not been unified,leading to "different judgments in the same case." Judicial chaos such as the inconsistency between the prosecution charges and the verdict charges,including theft,fraud,credit card fraud,contract fraud,and loan fraud.There are also large differences in the theoretical circles.However,at the factual level,third-party payment institutions are not financial institutions,third-party payment is not credit card payment,and payment account balance funds belong to the digital property owned by users;at the standard level,the use of fake names should be used as a qualitative basis.The qualifications and powers of the punishment subject are the criteria for distinguishing fraud and fraud.On this basis,we can first classify the fraudulent use of property infringement,which is mainly divided into the fraudulent use of third-party platform account balances and fraudulent use of third-party platform-bound bank card balances.,Fraudulent use of third-party payment platform credit property rights and infringement behavior.Secondly,it can distinguish the above-mentioned common crimes from several aspects such as the basic constituent elements and identification elements of the controversial crime,the means of criminal conduct,the qualification of the subject,and whether the machine can be deceived.Taking the largest third-party payment platform in China—Alipay as an example,the analysis shows that among the three types of fraudulent use of money,the two cases of fraudulent use of third-party payment account balances and binding of bank card balances should be considered thefts.In the case of using third-party payment platform credit property rights and interests(this article takes Ant Huabei as an example),it is divided into two situations.It should be distinguished whether the user himself has opened Huabei before being fraudulently used: the user himself has opened Huabei,the behavior The fraudulent use of a person shall be deemed as the crime of loan fraud;if the user himself has not opened Tonghuabei,and the perpetrator has opened Tonghuabei under the pretence of the person,it shall be deemed as the crime of contract fraud.In order to make fraudulent property infringements more certain and uniform in judicial practice,the author suggests that a complete third-party payment platform criminal law system should be established in legislation.It is hoped that through improved legislation,new judicial interpretations and guiding cases should be issued.And other methods to regulate this kind of infringement of wealth. |
