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A Qualitative Study On The Behavior Of Fraud And Intertwined Invasion In The Network Payment Platform

Posted on:2020-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhouFull Text:PDF
GTID:2416330578460962Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Property crimes have always been crimes with high crime rates in judicial practice,especially theft and fraud.With the advancement of information technology,the emergence of online payment platforms,and the convenience of peoples lives,criminals are no longer constrained by traditional,single piracy or fraudulent means,but use online payment platforms to implement fraudulent intertwined acts of infringement.In order to achieve the purpose of illegal fortune.Compared with the traditional infringement behavior,this kind of behavior has three characteristics: one is the intervention of the third-party payment platform;the other is the virtuality of the criminal space;the third is that the behavior is essentially the property for the crime.There is now a debate about the crime of theft,fraud,and credit card fraud.Even if the medium that uses the online payment platform is the essence of the crime of infringement of property,it is unreasonable to characterize it as credit card fraud.Proponents of theft believe that such cases are the main means of obtaining money from the perpetrators;the proponents of fraud are that such cases are due to the victims disciplinary action.In the end,whether it is characterized as theft or fraud,the author believes that the nature of both theft and fraud must be analyzed from the subjective and objective aspects,so that the act of dispostion should be the key feature to distinguish between the two.After the above arguments,it can be known that under the online payment platform,the behavior of the actor who uses the intertwined behavior of the two acts of intrusion to infringe on the property of others is essentially an act of infringement of property,and should be based on the presence or absence of the victims disciplinary action.Such cases are characterized,and the standard is analyzed from the disciplinary actions,the form of disposition,the disciplinary awareness,and the disciplinary authority.It can be concluded that such cases should be characterized as theft.
Keywords/Search Tags:Online payment platform, Fraud, Crime of Theft, Crime of Fraud, Act of dispostion
PDF Full Text Request
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