Research On The"Treasure Wash" Behavior Of Alipay In Criminal Law

In the present,the most popular known as the third party payment instrument is Alipay.It has the characteristics of "simple, safe and fast".Alipay can both meet the needs of all kinds of network financial transactions in modern society,but also sign with the domestic and foreign large banks and to establish strategic cooperative relations.However,behind the development of this new payment tool,is pregnant with the seeds of "criminal".We call it "treasure wash" behavior because it refers to steal the money from the bank account quickly through illegal means.Although it is simple and clear to narrated,but contains a profound legal problems.How to interprete of this kind of crime and qualitative.How to prevent the occurrence of such criminal activities.And how to build the law regulation of the third party payment instrument like Alipay.These problems are all we need to face and solve.This article discusses these questions from four major parts.The first part mainly introduces the general idea of the"treasure wash"behavior of Alipay,and tell us the specific process and ralated types.We should analyses the cause of this behavior with the current actual situation,and pay attention to the social influence.The second part of this article discusses some key points,include the legal position of Alipay,the disputes about the criminal behavior,and the difficulties of how to build perfect regulations.We should focus on the new point of view that changed in the criminal law.We should also learn to analyse some typical cases about it,like the crime of fraud,the crime of money laundering,cyber crimes,ect.The third part introduces the legal regulation model of third party payment tool in some foreign countries like America,Japan,and the European Union.And also presented us about the experiences in the regulations of computer crime,money laundering,and the protection of consumer rights.The forth part is the end of this paper,mainly discussed the enlightenment of outside experiences.We should start from the two aspects of criminal legislation and judicial practice at the same time,perfect the relevant provisions and adhere the modesty of the criminal law.We should give a reasonable explain to the constitution of a crime with the essence of interpretation.