Researches On The Characterization Of Typical Property Infringement Of Criminal Law In The Third-party Payment

Nowadays,with the rapid development of science and technology,the Thirdparty payment platform provides a convenient way of payment for the consumers.However,the emergence of this relatively new payment mode also brings different kinds of crimes about property infringement.On the surface,it seems that this kind of behavior is in a different external environment from the traditional infringement of property behavior.In essence,it still has the characteristics and attributes of the traditional behavior.There are three typical manifestations about the infringement of property behavior,such as " the type of direct scanning code","the type of spurious consumption" and "the type of cash withdrawal".As for the behaviour of "Direct scanning code",taking the case of stealing and changing QR Code as an example,the author analyzes and demonstrates the nature of the behavior of the perpetrator,the identification of the deceitful person and the victim,and concludes that such infringement of property behavior should be recognized as the crime of fraud.As for the behaviour of "spurious consumption ",according to the different sources of funds,it is further divided into two types: the behavior of using the funds of consumer e-payment account and the behavior of bank card funds tied to the e-payment account of consumers.The former analyzes and proves the nature of the behavior of the actor,whether the machine can be deceived and so on,and draws the conclusion that this kind of behaviour should be regarded as the crime of fraud;the latter analyzed and demonstrated the attributes of the bank cards bound to the e-payment accounts and the fraudulent use of credit card information,and draws the conclusion that this kind of behavior should be identified as the crime of credit card fraud.As for the behaviour of "cash withdrawal ",for example,as someone takes the funds of "Ant Credit Pay",according to the different behavior of the behavior subject,it is further divided into the behavior of the user who takes the funds by using the "Ant Credit Pay" and the intermediary who takes the funds by using the "Ant Credit Pay".Based on the analysis of the nature of "Ant Credit Pay" and the fact that whether the crime of illegal business is constituted or not,it is concluded that when they do not have the purpose of illegal possession,they should not be regulated by the criminal law.When they conspire to obtain funds for the purpose of illegal possession,they should be regarded as accomplices in the crime of contract fraud.