The Identification Of The Behavior Of Stealing The Funds From Others By Using The Third-party Payment Platform

With the continuous development of Internet finance,the third-party payment platform came into being.The online payment has greatly changed the people's transaction and payment methods.At the same time,the number of property crimes targeting third-party payment platform has also been on the rise.Faced with the new types of crime and diversity of criminal means,it is difficult to grasp the qualitative problems of the related crimes in criminal judicial practice,resulting in the phenomenon of "different judgments in the same case".Theoretical studies of the behavior of stealing funds from others by using the third-party payment platform is far from enough,and there are problems that do not distinguish between the nature of money and the type of behavior,and the problems that take a part of the whole.Therefore,this dissertation attempts to study the cognizance of the behavior of stealing funds from others by using the third-party payment platform in a complete and systematic way,clarify the nature of stealing the funds by using the third-party payment platform,and attempt to provide some useful advice on the accurate conviction of crimes committed against the funds in the new internet finance situation by using the third-party payment platform,and to provide some reference to the cognizance of the behavior of stealing the funds by using the third party payment platform in the judicial practice.Starting with the case in judicial practice and judicial data,the thesis first analyzes the judicial data of criminal cases,this paper clarifies the current situation of stealing funds by using third-party payment platform,and summarizes the current major types of criminal acts of capital stealing the funds by using the third-party payment platforms,and analysis according to the classification.At the same time,it analyzes and studies typical cases,clarifies the problems encountered in judicial practice,contrasts with the current theoretical controversies in academic circles,puts forward questions in a targeted manner,sorts out logic,puts forward opinions and resolves problems.In the analysis of cognizance of the behavior of stealing the funds by using the third party payment platform,should pay attention to the nature of the funds by using the third-party payment platforms,and should be clear that the qualitative identification of misappropriation should distinguish between different types of funds.Among them,account balance is the most basic and most common type of the money being stolen.By clarifying the identification of theft of account balances,it can provide reference for the further analysis of the identification of stealing of other types of funds.The stealing by using the third-party payment platforms involves the understanding of such issues as the framing of crimes of crime of fraud,theft,credit card fraud,etc.,as well as the distinction between the crime and the crime.Because third-party payment platforms differ from Credit card,the essence of misappropriation is to steal the property of third-party payment platform's users with the purpose of illegal possession,and do not constitute fraud on the third-party payment platform.,and therefore should be identified as theft.After clarifying the identification of the theft of the balance of the account of the third-party payment platform,we should consider the nature of other types of embezzlement by using the third-party payment platforms in practice.Knowing the behavior of the victim's credit card information and then binding it to third-party payment platform is a behavior of fraudulent use of credit card.It should be considered as a crime of credit card fraud.In addition,the theft of other types of funds in principle is identified as theft,and there are also some embezzlement behavior rarely occurring in practice should be regarded as contract fraud.In addition,the stealing of funds by using the third-party payment platform including two stages: accessing the account password of third-party payment platform and fraudulently using and getting the funds.Obtaining an account password illegally may constitute a crime,and the influence of different acquisition behavior on the conviction of the crime should be considered.Because the third-party payment platform account itself does not have value,so in addition to robbing and forcing to obtain third-party payment platform account password and using the account to obtain funds on the spot constitute a crime of robbery,other acquired behavior of account password does not constitute a crime.