| With the vigorous development of online shopping in our country,the use of third-party payment models has also spread to millions of households,providing great convenience for people's lives.However,the criminal means that followed it have become more diverse,causing many difficulties for the judiciary.The malicious refund of online shopping is one of the ways that some people use loopholes in the Taobao system to conduct property crimes.According to the specific research of Wang's online purchase refund fraud case,it is possible to find the current property crime characterization difficulties.Therefore,how to quantify such cases,the academic community has different opinions.After roughly summarizing,there are mainly four different views,namely,the crime of embezzlement,theft,fraud,and contract fraud.The premise of solving the problem of criminal characterization is to distinguish the four types of charges,and then analyse whether the deposited funds belong to forgotten objects,whether the malicious online refund of online purchases belongs to the victim and whether the defendant's behavior is “the process of signing and performing the contract”.Combining with the characteristics of third-party payment,through the in-depth analysis of the above issues,Wang uses illegal loopholes in Taobao's payment rules to conceal the victim's actions by concealing the truth.This is because his actions take place in the process of signing and performing contracts,in addition to property laws and interests,violates the market economic order at the same time,so it should be regarded as contract fraud. |
PDF Full Text Request