Application Of Criminal Law Of Crime Of Using The Third-party Payment Platform

Because of the quick and easy payment,the third-party online payment platform,such as Alipay,is popular with the market.It seem that the third-party online payment platform has penetrated into all aspects of people's lives.The third-party online payment platform is still a new payment way.Behind the high-speed development,the criminals use its potential network technology and regulatory loopholes to commit fraud,theft,money laundering and other criminal activities,third-party payment platform use its financial product to raise fund illegally,hacker use the third-party online payment platform to get the user's bankcard information.Moreover,the third-party online payment platform is still in its infancy.There is no mature monitoring system to monitor the crime,the relevant authorities have no corresponding regulatory system to restrict the third-party online payment platform,which makes the police difficult to find crime and preserve evidence.Therefore,we should take all possible measures to curb the development of the crime.Whether the future of a third-party online payment platform is bright or dark,depending on whether we deal with these risks properly.Cashing out illegally through third-party online payment platform is the traditional illegal cash-out on the network.Only the judicial interpretation,“cashing out illegally through POS machine should be convicted as the crime of illegal business operation ”could be used to convict this crime.But that whether it is legal or not and reasonable or not that cashing out illegally is convicted of the crime of illegal business operation need our in-depth discussion.In addition,whether cashing out illegal though third-party payment platform though POS machine have the same behavior method or not is also the key to deal with the crime.Secondly,the ownership of large number of precipitation fund deposited in a third party payment platform is a controversial issue.So the author compare precipitation funds with bank deposits,and hold that even if most scholar agree that bank deposits belong to the bank,the platform is not the precipitation of funds,and the possession in the criminal law and in the civil law is different.As a result,we should convict this behavior as the crime of misappropriation of funds.Finally,in recent years,people use the balance of the treasure to obtain a small interest;short-term financial management has become a trend.But model of cooperation between Alipay and Tianhong Funding is questioned whether it is consignment or not and then be consider as illegal funding-raising.Moreover,P2 P network loan platform draw funds though the third-party payment and flee money is also more and more common.It needs discussion that the neutral help behavior of the third party payment platform is considered as the help of illegal funding-raising.In short,the third party payment platform bring convenience and trouble to people at,but after all the third party payment platform is a financial innovation,we stifle financial innovation in the cradle,so I wish regulate the crime and protect financial innovation at the same time through the article's criminal law analysis.