The Qualitative Analysis Of Other People's Property Is Obtained By Switching Qr Code

In the past two years,the popularity of mobile payment in China has increased rapidly,scan code to pay for this new mode of payment is gradually replacing the traditional cash transaction or credit card consumption,new mode of payment is widely used in all kinds of occasions,criminal risk of the new property crime goes up.The third-party payment,for example,the Alipay,there are two types of scanning to pay,the first is to scan customer's qr code,the second is to scan merchant's qr code,the article is based on the second scenario,starting a discussion about these crimes.The article compares,analyzes,weighs case facts and legal norms,between the facts and norms,this article is supported by the material identity of property crimes,it is in strict accordance with constitutive requirements of crime of fraud to comb case facts,the article adopts backward induction to identify exactly the act of gainning property in this case,focus of dispute in Theorists about the case has been solved.Firstly,the article determines that nature of property is creditor's rights against bank or payment platform.secondly,the article confirms that the customer is the deceived people and the person who disposes of property,deceived customer disposed of personal account deposit.Finally,the article identifies the merchant as the victim,the merchant bears the loss.The article denies the general fraud?the general theft and so on,and the article thinks that the behaviour of actor is in conformity with Tripartite Fraud,although manifestation of Tripartite Fraud is different from establishment condition of Tripartite Fraud in the old theory,but the new interpretation which on the basis of legal provision is also in conformity with the constitutive requirements,it does not violate the principle of legality.