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A Qualitative Study On The Behavior Of Privately Transferring Funds In The Third Party Payment Platform Account

Posted on:2020-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:X S GaoFull Text:PDF
GTID:2416330575498448Subject:Law
Abstract/Summary:PDF Full Text Request
In judicial practice,due to the progjress of science and technology and the emergence of new forms of crime,it is sometimes difficult to accurately define the nature of these crimes,such as theft,fraud and credit card fraud.As a result,the judicial disorder of "different judgments in the same case" appears,which has produced certain authority and unity of the law.In recent years,the rapid development of third-party payment has led to an increasing number of cases of private transfer of funds in third-party payment platform accounts.In judicial practice,there are different definitions of the nature of such acts,such as theft,fraud and credit card fraud,which may restrict the judicial role.Therefore,the author conducts a thorough and comprehensive analysis and Research on the behavior of transferring funds in the account of the third-party payment platform privately,and summarizes the basic connotation of the behavior of transferring funds in the account of the third-party payment platform privately with reference to a large number of literatures.On this basis,the author summarizes the qualitative controversy focus of the academic circles on the behavior of transferring funds in the account of the third-party payment platform privately.Points,through the analysis of these focus issues,it is concluded that because the third-party payment platform as a machine with "identification" function can be deceived,whether transferring funds in virtual accounts or associated funds in credit card accounts,will violate the financial management order,is the "fraudulent use of other people's credit cards" behavior,rather than the "theft and use of credit cards" behavior.The offence should be convicted and sentenced for fraudulent credit card fraud.
Keywords/Search Tags:Third party payment, Crime of theft, Crime of fraud, Crime of credit card fraud
PDF Full Text Request
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