Research On The Distinction Between Larceny And Fraud Under The New Mode Of Payment

The new payment method refers to a new payment method different from the traditional physical currency payment under the background of the rapid development of the Internet.It is mainly represented by mobile banking payment and third-party platform payment.The emergence of the new payment method has undergone earth shaking changes compared with the traditional transaction method.However,it is well known that the network is a double-edged sword.The development of the new payment method not only makes the transaction method fast and convenient,but also provides convenience for criminals to commit crimes against property.The new payment method has become a new way for criminals to use it to commit crimes against property.At present,there are three main ways that criminals use new payment methods to invade property: setting up network false links to invade property,stealing two-dimensional code to invade property and making use of to invade property,and what kind of evaluation should be made for the behavior of using new payment method to invade property crime is a new topic to be studied.In the provisions of China’s criminal law,theft and fraud are two very important crimes,and they are also the two most common crimes of infringing on property in practical cases.They have some similarities in the composition of crimes,but they are also different.The crime of infringing on property under the new mode of payment is often accompanied by the intertwined means of theft and fraud.Because the way of behavior is more and more difficult to judge and the means of crime are different from the past,the distinction between theft and fraud becomes more complex,and it is difficult to solve these problems by using the traditional criminal law theory.Not only scholars have disputes on the identification of the two crimes,but also the phenomenon of "different judgments in the same case" in practice.This article mainly takes the two types of cases of stealing two dimensional code and using to invade property as the angle of view.By analyzing the status quo and division of the crime of theft and fraud under the new mode of payment in the judicial practice,and combining with the theoretical point of view,it puts forward a reasonable dividing line for the two crimes,and strives to provide a reference for the more accurate definition of two crimes.In addition to the introduction,the text is divided into three parts:The first part accurately states the current new means of payment by analyzing the division,characteristics and classification of the new means of payment.According to the social background of the new means of payment,it deeply analyzes the different essence of theft and fraud,and endows the concept of the two with the necessity of legal differentiation.The second part discusses the judicial judgment status and problems of larceny and fraud under the background of the wide application of new payment.Taking the specific typical cases in practice as the starting point,this paper points out the judicial recognition phenomenon of "different judgment results in the same case" through empirical analysis,and points out the current situation and boundary of the judicial recognition of larceny and fraud formed by the comprehensive application of new means of payment.The third part,starting from the current situation and demarcation of judicial identification,puts forward feasible demarcation paths and countermeasures from the perspectives of the behavioral means of theft and fraud,the identity of the victim,the nature of the infringed property and the possession of the infringed property,so as to make an accurate identification and demarcation of theft and fraud under the new mode of payment.