Empirical Study On Judicial Application Of Fraud Crimes In Third-Party Payment Mode

With the rapid development of Internet technology,third-party online payment,which is generated by making full use of network information technology,has also entered our lives,using third-party payment platforms and other criminal instruments to implement traditional fraud and other illegal investment.The number of cases is also gradually increasing,and the means are endless and invisible.Because the boundaries of fraudulent crimes in third-party payment models are still unclear and clear,there are still disputes in practice,which may lead to deviations in the judicial application of this type of crime by the judges.In view of this,this paper uses the case-based empirical analysis method to select the criminal cases of the third-party payment model from 2017 to 2018 as a sample for the criminal justice cases included in the China Judgment Document Network and Peking University.Analyze and summarize the problems in the judicial application of fraudulent crimes in the third-party payment mode in judicial practice,and provide some useful reference suggestions for judicial practice.The full text is divided into four parts:The first part is an overview of fraud crimes in third-party payment models.The concept of the third-party payment platform is briefly combed,and the means of fraudulent crime in the third-party payment mode is more technical,concealed and diverse.The object of fraud is different from traditional fraud,low cost of operation and wide range of dangers.The crime process has four characteristics of dependence on personal information.The second part is the investigation of the basic situation of fraudulent application of fraud in third-party payment mode.There are two main contents in this part:one is to introduce the basic situation of fraud cases under the third-party payment mode in China;the other is to introduce the types of fraud crimes and judicial application in the third-party payment mode.Firstly,by introducing the basic situation of fraud cases in China's third-party payment mode,we determine the year range for the sample case selection in this paper,and select 98 sample cases for empirical research.Then,we will summarize and summarize 98 sample cases.The case is divided into three types of behaviors.The three types are introduced,and the differences in the judicial application of each type of case are counted.The third part is the analysis of the judicial application of fraud crimes under the third-party payment mode.Case analysis of the differences in judicial application,summarizing the objective laws of judicial application of fraud in third-party payment mode,and discovering and summarizing the problems of judicial application in practice.Through the empirical analysis of the judicial application of fraud in third-party payment mode,it is found that there are five problems:the judgment criteria for "illegal possession purpose" are not uniform;the definition of sales of counterfeit products and fraud is not clear;third-party payment platform can It is not clear whether it will become a target of fraud;the qualitative problem of helping behavior and the criteria for determining the amount involved are not perfect.The fourth part is the proposal of the judicial application of fraud crime in the third-party payment mode.According to the problems found in the third part,summarize the main points of the current academic circles,analyze and explain the cases,and put forward five corresponding judicial suggestions:correctly grasp the "illegal possession purpose",correctly distinguish the sales of fake and inferior products and fraud,and correctly grasp The premise that the third-party payment platform can be defrauded,correctly identify the help behavior,and improve the criteria for determining the amount of fraud involved in the third-party payment model.