The Criminal Qualitative Study On The Behavior Of Embezzling Other Credit Financial Products

With the rapid development of network technology,payment methods are becoming more and more diversified,our life has become more convenient,but at the same time,the development of network technology has brought us a lot of confusion.As a new payment method,how to define the legal attributes of credit financial products such as "Ant Check Later" ? Who is the ultimate victim of the theft of credit financial products? Is the quota of credit financial products "property interest" ? Can they be the object of larceny? This series of issues,in theory has been controversial,the relevant laws have no clear provisions,in practice to deal with such cases are not the same,therefore,the study of these issues is necessary.Based on the theft case of "Mr He's larceny case",this paper puts forward its own conclusion on the behavior of he and so on stealing Mr Wu and so on "Ant check later" and " Jingdong Baitiao ",and at the same time,provides some argumentation ideas for solving similar cases.In addition to the introduction,this paper uses more than 27,000 words,divided into the following four parts:The first part is the basic situation of the case.The case came from a district people's court in Shanghai,where he changed the password of his Alipay and JingDong Mall by stealing Mr Wu's SIM card and embezzled the quota of "Ant Check Later" and "JingDong Baitiao." And Taobao and JingDong shopping mall platform for goods.In this case,the three parties have different opinions.The public prosecution thinks that it constitutes the crime of larceny,the judicial organ thinks that it constitutes the crime of contract fraud,and the defender and the defendant think that it is the crime of credit card fraud.Three major points of contention have emerged from the tripartite perspective: The first part is whether the credit financial products such as "Ant Check later" can be characterized as credit cards in criminal law;The second part is who is the ultimate victim in the case involving the embezzlement of credit financial product quota;The third part is an the amount of "Ant Check Later" become the object of larceny.The second part is the analysis of relevant jurisprudence.This part is the main part of the full text.This part starts from the legal attribute of the credit financial products such as "Ant check later",and proves that the credit card can not be defined as the credit card on the criminal law from the angle of the explanation of text meaning and the protection of legalinterests.Secondly,the problem of who is the ultimate victim in the case of embezzlement of credit financial products is discussed.From the point of view of loan process,damage and crime model,it is deduced that all talents of credit financial products are the ultimate victims of the case.Not the service side of a credit financial product.Finally,on the basis of demonstrating that "Ant check later" and other credit financial products belong to "property interests",this paper further discusses whether they can become the object of larceny,and finally comes to a positive conclusion.Through the analysis of this series of questions,why the behavior of He xx such a certain qualitative to provide a solid theoretical basis.The third part is the analysis and conclusion of the case.Through the analysis of the relevant jurisprudence in the second part,the following questions are clarified: "Ant check laer" and other credit financial products can not be defined as the criminal law of credit cards.The ultimate victim of the case is the owner of the credit financial product;" Ant check later" and other credit financial products belong to "property interests",can become the object of larceny.Therefore,Mr he's behavior can not be characterized as contract fraud and credit card fraud,but should be considered as theft.The fourth part is the inspiration of the research.Through the analysis of the case,this paper clarifies the relevant reasoning ideas and conclusions of similar cases.However,the effective attack of criminal acts is not only how to deal with what has happened,but also how to effectively prevent the occurrence of crime.Based on this,the enlightenment department from the two aspects of rational interpretation of criminal law and popularizing the law education,put forward the effective solution to similar cases and the way of prevention.These recommendations were adopted with a view to contributing to the building of a society governed by the rule of law.