Qualitative Analysis Of Infringement On Property Of Others By Using Third-party Payment Platform

Online third-party payment has gradually replaced cash payment because it’s efficient and convenient when used,and has become the main way of consumer transactions.In real life,criminals often illegally log into other people’s Alipay accounts to transfer other people’s property,resulting in the loss of the victim’s property.Such crimes occur frequently,and the perpetrators are ultimately punished by the law,but the perpetrators are determined by a wide variety of accusations.Some representative cases were introduced as a matter of sorting out the disputes involved in the crime.Alipay,although it can replace people in cash transaction,is essentially a kind of machine.There are two views that the machine can be deceived and can not be deceived in the academic circles.Because of its high intelligence,more and more scholars agree that the machine can be deceived.Even scholars who once opposed the machine cannot be deceived,also changed their views,have joined the camp where intelligent machine can be deceived,Actually Alipay as a payment tool can transfer the digital currency under the account according to the password,but because of it without the independence of human beings,it cannot be the subject of fraud or disciplinary action.It does not make any sense to deceive machines or non-living organisms.The behavior of logging into an Alipay implemented by the actor is different from the fraud in the crime of fraud,because Alipay does not have the possibility of choice when the account password is correct,but it is still only a criminal means of theft.Although Alipay has made a transfer according to the instructions of the actor,there has a problem we need to recognize,that is,Alipay is not disciplinary because of deception,and the active transferring behavior is only due to the special nature of technology,while insisting on disciplinary awareness is necessary.The position of Alipay transferring is an unconscious action,and it is even less in line with the crime of fraud.Alipay is only an intermediary service provider that provides funds transferring.It does not have the independent status of financial institutions.The Alipay account is not a credit card that we often use.When it is determined that the agent has transferred the deposit in the bound bank card through Alipay,we must not only correctly understand the existing legal provisions and judicial interpretations,but also need to understand the legal benefits to be protected by credit card fraud,and consider the degree of damage to the financial order.Alipayaccounts are private accounts,and the perpetrator’s primary target is the property of others,and It can only cause damage to the property of others.In this process,the protection of individual rights,that is,the infringement of the property of others,the destruction of the financial order should not be considered excessively.Under the premise of affirming the secret of larceny,we should also think that secrecy is also relative to people.The real-time record of technical monitoring platforms such as Alipay cannot negate the secrecy and has no meaning for the openness or secret of the tool.Even if Alipay can fully record the behavior of the perpetrator,it should be certain that it is still a secret stealing act as long as it is not known to the victim.It should be clarified that the delivery of fraud is also relative to people.It is meaningless to leave people to discuss fraud,we should not be too particular about the civil law provisions on the transfer of credits that Creditor’s consent must be obtained for the issue of theft.Because the transfer of credits stipulated in the Civil Law should be approved by the creditors and the debtor is informed which is based on human and cannot be transplanted on the Alipay.When judging any criminal actions,it is necessary to understand that the criminal law is based on human beings,and the criminal law is also standardizing human behavior.No matter what kind of legal relationship,people must be fully considered.With a clear understanding of these issues,we can characterize the behavior of the perpetrator through Alipay to the property of others as larceny.