Analysis Of The Nature Of Criminal Law Criminal Acts Involving Alipay And "Ant Check Later"

The rapid development of internet finance has brought great convenience to our lives,especially the third-party payment platform,led by Alipay,so that we can enjoy a variety of services at home.But at the same time,the network of virtual and uncertainty brings criminals the advantage of the crime,the crimes that involving Alipay is endless.In the judicial practice,there is a huge controversy for the behavior of the victim transfer the money from the Alipay is "stealing" or "cheating",judgments of different courts are very different.Due to the lag of the law,the current criminal law does not clearly stipulate the legal provisions of Alipay crime,legislative interpretation and judicial interpretation has not yet introduced the corresponding provisions,thus forming a vacuum zone,the courts had to discretion,judging the case with the existing law and the law,but resulted the dilemma in different penalties for the same case.Based on the real case of Chen turn away the money in Alipay of Wang and overdraft Wang's ant flower chanting as the starting point,according to the operation characteristics of Alipay,Analysis the nature of Chen's behavior deeply.Clear distinction among theft,fraud,credit card fraud,proper conviction and sentencing of Chen.The article is divided into four sections,namely case brief,controversial focus,legal analysis and case conclusion.The following is a detailed description.The introduction part of the crime mainly introduces Chen's crime behavior.Chen's behavior is divided into two stages.The first is transfer amount from Wang's Alipay to the bank card of himself.After that,change of the victim's password unauthorized and overdraft the cash of Wang's ant flower chanting.The focus of the dispute involves the following aspects,namely,how to cognizance the behavior of Chen turn away from Wang's money in Alipay,how to cognizance the behavior of Chen change the password after overdraft Wang's ant flower chanting and the problems of crime number of these two crimes.In the judicial practice there is a similar case,the court's decision that the perpetrators meet the composition of the crime of theft,should be punished for theft.The scholars put forward different opinions on this judgment,that acts of fraud should be established,both views have the appropriate arguments to support,but persuasive is not strong.The author believe that Chen has taken two acts to obtain the victim's money,the constitutes of the crimes are different in the two acts,the two crimes are independent,shouldnot be confused.Therefore,the characterization of Chen's behavior and the number of crimes identified as the focus of this case controversy,worthy of study and clarity.The legal analysis section examines the theft,fraud,and credit card fraud,the crime is an important basis for deciding whether the act constitutes a crime,through the analysis and comparison on the crime found that three crime are all the type of property crime,has certain relevance and cross regulation;but they regulate the focus of crime is different,have their own characteristics.Discrimination of the relationship between the three crimes,for the accurate identification of Chen's behavior is essential.The last part is the conclusion of the case,through the previous analysis,Chen has been identified on the behavior of a more systematic judgments,here the author's point of view,the behavior that Chen turn away from victim's money in Alipay to the bank card himself establish theft,and the behavior that overdraft quota cash establish credit card fraud.However,because of the credit card fraud crime from the punishment for the larger amount,Chen overdraft the amount of obviously less than this standard,it does not constitute a credit card fraud,only to theft.