The Analysis Of Huang's Fraud

Huang fraud as a typical use of Alipay invasion of financial case,the main focus of the dispute is whether Alipay can be regarded as a credit card,Alipay can become a deceived object and should be theft,fraud or credit card fraud convicted sentencing.After evaluation that:(1)Alipay can not be regarded as a credit card and not deceived object;(2)Huang's behavior does not constitute theft.Because its subjective mind is the intention of fraud,does not meet the characteristics of secret stealing,the object of its violation is not a single object but a complex object,while Huang's behavior does not constitute a legal falsification;(3)Huang's behavior Does not meet the characteristics of implicated guilty,does not constitute the crime of theft and fraud implicated in the crime,because Hwang's behavior is singular,does not meet the implied criminal acts required for the complex is a complex feature;(4)the case is fraud and credit card The crime of fraud should be characterized as a credit card fraud.Huang's behavior is in line with the four elements of the crime of fraud,but Huang's behavior is fraudulent use of other people's credit card information and use of the Internet through the fraudulent use of other people's credit card behavior,its behavior at the same time violated the public and private property rights and national credit card management order,In line with the composition of credit card fraud elements.Credit card fraud and fraud between the law is a law of the relationship between the law,in accordance with the special law is superior to the general law of the principle of dealing with credit card fraud should be convicted and punished.(1)to clarify the legal status of third-party payment platform;(2)to strengthen the supervision of third-party payment platform;(3)to improve the third-party payment platform for criminal law regulatory system.