The Qualitative Of Illegally Using Other’s Alipay Bound Bank Card To Transfer Money

As the most popular internet-based payment platform in China, alipay brings tons of convenience to people’s daily lives. However, given its own technique bug and lacking of supervision by law, several lawless men take advantage of such bug to commit new forms of crime. This study points out that falsely using other’s alipay bound to bank account to transfer money to his/hers own bank account is just one of such new forms of crime. Since it has not been limited by our recent criminal law and judicial interpretations and there is rare academic discussion, no consensus has been concluded in practice. Therefore, doing research on this issue will enrich the academic literature and will show importance in directing judicial practice.This article is divided into four parts with about 21000 words in total.Part 1: Details of the case, including the causes, facts and different opinions. Based on these above mentioned information, several controversial focus of the case had been summarized: whether falsely using other’s Alipay bound with bank account to transfer money to one’s own bank account should be defined as theft by secrete ways or credit card fraud by fake using other’s identity?Part 2: Analysis on relevant issues from the perspective of law. This the most important part in the current study. According to the argumentative issues, two research questions were mentioned:One is that how to distinct theft from credit card fraud in specific case? The other one is that whether falsely using other’s alipay bound with bank card to transfer money is the same as fake using other’s credit card information interpreted by supreme people’s court and supreme people’s procuratorate. Regarding these two issues, this study analyzed in details.First, this study uncovered the definitions and behavioral forms of theft and fake using other’s credit card, separately, and concluded the nature and form of behavior are the main distinction between the two forms of crime above mentioned. After that, the study explored the relationship between alipay account and bank card, discussed the action that falsely using other’s alipay to transfer money to one’s own bank account, and then concluded such behavior before mentioned should be regarded as fake using other’s credit card which should be punished by criminal law.Part 3: The analysis and conclusion of the case. According to the reasoning process in part two, this study found that Mr He’s behavior should be viewed as falsely using other’s credit card and should be punished as fraud on credit card by criminal law.Part 4: The forth part is implications.. First, since Alipay holders may have different internet-based payment model, we should deal with the fake using behavior on the ground of money sources to ensure punishment accuracy. Second, most internet-based payment platform are operated the same as Alipay, therefore, fake using of any internet-based payment platform to theft money should be criminalized in the name of fraud on credit card.Third, this study suggested relative judicial interpretation should be made to minimize the difference between sentences in reality concerning the same fake Alipay using behaviors commited. Lastly, both reasonable and unreasonable things in the judicial interpretations were discussed, and this study proposed to legislate new laws or new judicial interpretations to settle down the variations on criminalizing fake using credit card and stole other’s personal credit card information.