Criminal Law Determination Of The Consumption Of Meituan Accounts With Untied Bank Cards

With the rapid development of mobile networks,more and more people prefer to pay through the third-party t platforms.which becomes people's first choice to pay for service.Most people employ their phone number to register an account on the thirdparty platform.But every time when they decide to have their phone number written off many of them forget to disconnect the number's association with the third-party platform such as the account of network platform and the bankcard.Once these writtenoff phone numbers are obtained by new consumers in the mobile communication market.It may bring hidden dangers to the security of the funds which are tightly bound to the network platform account or the bank card account.There are people who fraudulently use the phone number which is untied the bank card to buy things on Meituan,an app which is popular in China.About how to define the deed,the answers are diversified,crimes such as credit card fraud and theft are both involved.Therefore,it is necessary to analysis and study on the deed of using others' Meituan account that is not untied bank cards,and to standardize the criteria to avoid the different penalties on similar deed.Hence,this paper aims to sort out the reasons for judicial decisions,clarifies the focus of disputes,analyzes relevant regulations,and finally to draws conclusions that apply to the case.Apart from the introduction,this paper consists of four parts,more than 24,000 words are included in total.The first part is the general introduction of the case.It starts from the brief introduction on the case of Liu's theft in order to summarize the different opinions on how to deal with the case: some believe that it is theft and others agree that it is credit card fraud.After that,it is time to conclude the focus of the dispute of this case.That is the relationship between the Meituan account and the untied bank card,how to define the deed of fraudulently use Meituan account which is untied the bank card to consume.The second part is the analysis of the above disagreements from the aspect of law.First,the Meituan company doesn't belong to the financial institution,and its fast payment business must be based on the binding of bank accounts.Personal information such as the password,identification code that applies to the certain Meituan account should be regarded as credit card information.Second,the analysis of “secret stealing” from the aspect of theory,clarifying the connotation and characteristics of “secret”,the definition of “stealing” in criminal law,and evaluating “public theft”.This paper believes that “public theft” should not be included in the scope of theft.It is against the principle of the criminal law.The “secret” is still a restrictive constituent elements when it comes to “Theft”.Third,with the popularization of mobile payment,the criminal law of “credit card” has undergone a fundamental change.It not only includes the physical card,but also the credit card information.The word “fake use” refers to the deed of personally handle the property in others' bankcard without the depositor's consent,which disrupts the financial management order of the banking industry and clarifies that the machine can be the criminal object of credit card fraud.Fourth,to make a theoretical distinction between theft and fraudulent credit card fraud,and to clarify the way is the key to distinguish the two kinds of crimes.The third part is the analysis and conclusion.On the basis of jurisprudence analysis,we can concluded that Liu's behavior of fake-using the Meituan account of the untied bank cards accords with the fifth provision and the second article and the third item of “Interfering with Credit Card Management Interpretation”,which defines it as a credit card fraud not the theft.The fourth part is the insight of the research about this case.First of all,with the increasing popularity of third-party platforms such as Meituan,there are more and more crimes having to do with the use of third-party platforms,and the opinion about how to define such cases is quite controversial.Therefore,it is necessary to enact a law to define the crime utilizing third-party payment platforms to solve the controversial problems in real life.Second,to improve the guiding case system for combating crimes in the field of mobile payments,which can effectively punish the criminal and protect the healthy development of the “ Internet +” economy.Finally,establish an information sharing mechanism for the mobile number cancellation between the corresponding departments to eliminate worries for users.For example,the relevant units such as finance,internet,mobile communication,etc.can integrate the account information associated with the user's mobile phone number to establish an information sharing platform.