A Qualitative Study On The Criminal Behavior Of Taking Money Illegally Under The Third-party Payment

With the rapid development of the Internet and third-party payment,the trend of cybercrime is becoming more and more obvious.Due to the complex relationship between third-party payment,users and banks,the qualitative behavior of illegal taking of money under the third-party payment also has serious ambiguity,so it is urgent to form a unified view between theory and judicial practice.The author focuses on the qualitative study of the criminal behavior of illegal taking of money under the third-party payment.By analyzing the causes,the focus of disputes and the solutions,the author provides certain ideas for the future theoretical research and judicial practice.First of all,the concept,characteristics and components of the crime of illegal taking of money under the third-party payment are sorted out.It is made clear that the criminal act of illegal taking of money under the third-party payment is a criminal act of illegal taking of money by using the normal disposal function under the third-party payment for the purpose of illegally possessing others’ property,and the legal interests infringed involve others’ property rights and credit card management order.Secondly,it analyzes the judicial status quo of the criminal behavior of illegal taking of money under the third-party payment.It is found that there are three kinds of problems in judicial practice: the qualitative difference while carrying out the same behavior;Ignore the practice behavior to prepare behavior qualitative;Preparatory behavior and implementation behavior are the same,different types of funds,qualitative difference.Thirdly,the author analyzes the reasons for the confusion of the criminal behavior of illegal taking of money under the third-party payment.It is believed that the reasons for the confusion in judicial practice are as follows: the types of illegal money-taking crimes under the third-party payment are complex and diverse,and it is difficult to accurately distinguish the crimes of theft and fraud under the third-party payment from the perspective of implementing behaviors;It is difficult to confirm the victim’s consciousness of disposing of property,and there is a dispute over whether the machine can be cheated.The nature of third-party payment is ambiguous in the law,and the nature and ownership of various funds involved in third-party payment are also unclear.Then,the author puts forward a reasonable qualitative approach to the criminal behavior of illegal taking of money under the third-party payment.First of all,to distinguish theft and fraud,to implement the behavior and punishment consciousness as the key factors,but also need to affirm that the third-party payment such as high intelligent system can become fraud crime victims.Secondly,by analyzing the legal nature of third-party payment,it should be considered that it belongs to non-financial institutions,and third-party payment cannot be identified as credit card payment,but third-party payment information should be equivalent to credit card information.Finally,the ownership of funds under the third-party payment is analyzed.The account balance funds belong to the account owner,the Chinese metal bank with the bank card is owned,and the credit funds belong to the property of the microcredit company.Finally,the qualitative analysis of the criminal behavior of illegal taking of money under the third-party payment is carried out,and the following conclusions are drawn.First of all,the violation of the balance of funds in the account is theft.Secondly,the violation of binding bank card funds for credit card fraud.Thirdly,the behavior of violating credit funds should be identified as the crime of fraud,but does not constitute the crime of loan fraud and contract fraud.