Criminal Identification Of Using Other People's Online Consumer Credit Products To Cash Out

Consumer credit products provide great convenience for people to purchase goods,including “Ant Credit Pay”,"Jingdong White Strip","virtual credit card" and other online consumer products,With the gradual expansion of the network consumer products-oriented groups and the areas involved,some lawless elements began to use the consumer credit products to commit crimes.The most typical one is cashing out of Ant Credit Pay.Because the behavior model is relatively new,there is no specific provision in criminal law.Practically,there is a big difference in how to determine this in judicial practice.Therefore,this paper mainly provides a way of thinking for quantifying such problems in practice through qualitative analysis of Ant Credit Pay.There have been many in practice.In the case of the Ant Credit Pay,this article starts with a typical case to carry out specific analysis.The main contents include: the first part first introduces the Shen Xiaoxiang case and similar cases,then distinguishes these cases: the behavior of obtaining the Alipay account password in this case is different from the other cases in the case of theft,robbery or fraud.The criminal nature of the means is to characterize the whole.It can only analyze the nature of the crimes that are currently being used,and the nature of such cases is inconclusive in the judiciary and legislation.The research object of this paper is to use the Ant Credit Pay of others to cash out.The second part first introduces the financial support for the Ant Credit Pay,the current victim of the Ant Credit Pay set and the disposition of the funds are ant small micro loans,so the behavior object is the funds of the ant small micro loan,followed by the behavior pattern.And the victim's three aspects study the difference between the current set and the current set of the Ant Credit Pay,so as to more accurately summarize the current characteristics of the current set of flowers,and provide a theoretical basis for the qualitative analysis of the case.The third part first analyzes the distinction between the crime of theft and the crime of fraud.It can be found that in this case,although the machine can not be the object of beingdeceived,the object of the case is not the machine itself but the information provided by the machine and based on it.The reaction mechanism,namely Chongqing Ant Small Micro Loan Co.,Ltd.(hereinafter referred to as ant small micro loan),was misunderstood by the fraud of the actor and dispose of its own funds,so the ant small micro loan is a deceived personr,it is also a victim.In addition,the perpetrator has subjectively possessed the purpose of illegally possessing funds of others,so the act should be characterized as fraudulent crimes.Secondly,the distinction between the common fraud crime,credit card fraud crime,loan fraud crime and contract fraud crime and the nature of theand the pattern of the cash register can be introduced: the behavior does not constitute a special financial crime,but should be characterized as ordinary fraud crime.Finally,after deriving the qualitative results of the Ant Credit Pay,through the comparative analysis with similar consumer credit products,applying the theory of Ant Credit Pay analysis to other credit products,we can find that the conclusions are similar,and also for the new type.The current set of credit product sets provides a theoretical basis.