On The Development Of The Creativity Of Postgraduates

The behavior that doer uses Alipay to transfer money after picking up the phone means that the doer acquires the owner's property from the Alipay of the right subject when he/she picks up other' s mobile phone in a public place with the need of no password;or that the doer decodes the account and password of other' s Alipay and transfers the money in the way of attacking enumeration.As for the nature of transferring money with a picked-up phone,there are many different theories holding different opinions in criminal law over the world.Though these theories seem to be reasonable,they are still questionable.As for the behavior of transferring money with no need of decoding the password of the Alipay,there are four typical opinions.The theft theory claims that when the doer steals the owner' s property under the condition that the owner doesn't know it,it meets to the definition of secret stealing.But the theory ignores that the Alipay company has made a disposition.Occupy theory says that the doer produces the idea of illegal possession aftet he/she possesses the funds of the Alipay account of the right subject,and binding bank card money of the right subject phone first under all illegal purposes,but the theory ignores the doer' s legal right of holding mobile phones is not equal to the right of holding the Alipay funds.Credit card fraud theory holds that the behavior not only infringes the property rights of the owner,also violated the credit card management order,but the theory makes the Alipay equal to credit card on suspicion of expanding improperly explanation.Fraud theory believes that the offender behavior constitutes the triangular fraud,but the idea ignores that the situation that the doer binds the capital with the Alipay of the right subject' s phone after the doer picks up other' s phone,which is related to the problem of credit card.The writer thinks that the behaviour of transferring other' s money from the Alipay after picking up the phone should be considered as the crime of fraud,meanwhile,the behavior of transferring other' s money from the binded bank card should be considered as Credit card fraud.As for the behavior of transferring money with the need of decoding the password of the Alipay,there are two typical opinions.The theft theory claims that decoding other' s password and getting property fully disclose the doer' s idea of illegal possession and the means of secret stealing.The opinion is acceptable.Fraud theory believes that the doer infringes the victim' s rights to illegally use his/her Alipay to decode its password,the discussable point of which idea lies in its unawareness of separate evaluation of stealing other' s password of the Alipay account.This is not equal to the behavior of the illegal use of other' s Alipay.The writer thinks that the doer's behavior of transferring money with the need of decoding the password of the Alipay should be regarded as stealing.