Research On The Difficulties And Methods Of Accusation Of Illegal Access To The Others' Property By Using Third Party Payment Platform

The development of electronic payment and guarantee of good faith transactions has created a third-party payment platform,which is different from the traditional payment method.Third-party payment belongs to electronic payment,not cash transactions,and is based on the convenience and ease of operation of Internet platforms.It must also be controlled by the risks of the Internet.With the network of payment methods,traditional crimes of financial invasion have also shown more hidden,fast and frequent features,and have moved from real space to cyberspace,involving Alipay payments,We Chat payments,and binding credit cards[ On March 1,1999,the People's Bank of China's "Measures for the Administration of Bank Card Business",bank cards were divided into credit cards and debit cards according to whether or not they deposited Jinke with the issuing bank.The legislative interpretation of the meaning of "credit card" in the criminal law is to expand the extension of "credit card" to the extent that it is equivalent to the extension of "bank card" in the "Measures for the Management of Bank Card Business".The author insists on this explanation in this article,the same below.]Payment and other crimes of financial invasion are becoming more and more prominent in practice.For this kind of case,judicial practice has emerged different judgments of larceny,crime of swindling,credit card crime of swindling,contract crime of swindling,and academic circles have also appeared a lot of disputes about qualitative,which is difficult to require that the judgment can achieve universal guidance.In this article,the author intends to discuss the definition of third-party payment platform and legal norms,according to the criminal theory system,the crime of larceny,crime of swindling,credit card crime of swindling and contract crime of swindling crime to conduct a comparative study,summed up the four crimes of different points;Through the analysis of five kinds of classic cases of illegal acquisition of other people's property by the third party payment platform in recent years,it reflects the impact of different criminal acts on the crime,points out the difficulty of imputation in specific cases,and puts forward the method of imputation.That is,if the actor directly steals the funds in the third-party payment platform account of another person,or the platform account binds the funds in the credit card,or the actor crime of swindlingulently uses other people's third parties to pay the platform credit funds(such as ant flower,Jingdong white bar,etc.),Because he stole the property of others for himself,he was suspected of constituting larceny;The actor obtains the funds in the account of the third-party payment platform by rebinding another person's credit card or modifying the instruction of the bound credit card.Then these acts have directly hindered the state's financial management order of credit cards and are suspected of constituting credit card crime of swindling.If the perpetrator obtained the business money that should have been obtained for the merchant through the method of stealing other people's collection of the two-dimensional code,for the buyer,the perpetrator was suspected of constituting a crime of crime of swindling,and the merchant was suspected of constituting a crime of larceny,according to the imaginary competing relationship.,should be punished as larceny.