Illegal Picked Up Phones Account Funds Transfer Behavior Of Qualitative Research

Internet finance has changed people's way of life,Alipay,We Chat and other third-party payment platform gradually replace the currency exchange as a new way of payment,but with the user's personal property security is a huge threat to the phone once stolen or lost Resulting in payment of funds within the vacuum state,easily lead to property damage.In the judicial practice,the victim lost the mobile phone and its payment of funds within the illegal transfer of funds is very common,the court's judgment on similar cases are not the same,the theoretical and practical circles on the use of Alipay account unauthorized transfer of funds identified exits a controversy,a crime that constitutes the perpetrators of theft,a behavior that considers the perpetrator's behavior to comply with the crime of credit card fraud.Alipay and other third payment platform for the rise of only a few year time,the lag of legislation makes the current criminal law on such behavior has not been clearly defined,and China do not have the provisions of the criminal law "the use of computer crime" just like Japan and other countries,So there is no statute for direct selection of adjudication on legislation.The Supreme People's Court and the Supreme People's Procuratorate did not introduce the corresponding judicial interpretation,which gave the court a high degree of discretion,and then produced a number of cases of different judgements,which damage to the judicial authority seriously.This article starts with the real case,combined with judicial practice in the same case the judge's decision reason,through the legal analysis,the activity of picking up other mobile phones will be bundled with Alipay bank card transfer behavior have been qualitatived,combining of theory and practice,put forward their own reasons and conclusions,with a view to future similar cases to provide a reference.The article is divided into four parts,about 20,000 words.First is the basic situation of the case,a brief description of the case and summed up the differences of opinion,on this basis,we propose a focus of controversy.First is whether it has constituted embezzlement or theft if people who pick up the mobile phone which others have forgotten in their own car for himself;Secondly,how to identify the behavior of using mobile phones to change the Alipay password and privately transferred the fund from the bank card which connected to the Alipay to the Alipay himself.Followed by the legal analysis,through the in-depth study of crime of embezzlement and theft,clarify the difference between the two crimes and then identify the behavior of picking up other's mobile phone.Through the analysis of the nature of Alipay and the composition of the crime of theft and credit card fraud,with a view to clarifying the behavior of the person who privately transferred the bank card funds connected with Alipay to the his own account.How to determine the behavior of impersonation in other's credit card,how to define the scope of credit card information,the third party payment platform like Alipay can become the object of fraud are worth exploring the issue,which are discussed in the legal analysis.And then is the case analysis,through the aforementioned legal analysis,combined with the specific circumstances of this case,to analyze the behavior of the perpetrator of the crime constitutes which crime,put forward the author's own point of view and reason.Then there is a comparative analysis,the behavior of the use of Alipay transfer funds in two ways,one is directly to Alipay account funds transferred to their own Alipay account,the second is to be associated with the Alipay account bank funds transferred out to get illegal Interests,in these two cases,there exist differences of the nature of the two perpetrators.In addition,WeChat and Alipay are third-party payment platform,but the conviction and sentencing are significant different if the actors use different platforms for criminal,the reason is that We Chat and Alipay different ways of operation.Finally is the case conclusion and revelation,involving Alipay criminal cases occur frequently,legal and judicial interpretation did not expressly provide that the court failed to form a unified judgment,is not conducive to the maintenance of judicial authority.On the other hand,Alipay users which enjoy the convenience of fast payment should be aware of the existence of the risk at the same time,do their own preventive work in order to avoid unnecessary property damage.