A Study On The Crime Of Property In The Third Party Payment Platform

With the development of network technology and payment method,third party payment has been spreading in economic activities.Apart from the convenience it brings,this new type of payment also may lead some crime as a result of its technical loopholes and inadequate supervision.As the third party payment is still a new thing in law,and thus the feature,character and the legal nature is not so explicit which leads to lots of dispute about the nature of crime of stealing money via the third party payment account.This paper divides cases into four main categories as follow: the actor transfers the funds from the balance of Alipay account after stealing the victim's Alipay account and password;the actor transfers money from credit card that is bound by Alipay;the actor illegally uses the victim's Ant Check Later for shopping;the actor secretly replaces the qr code which is used by the merchant to collect the money,but in this way,the money has all been paid into the account of the actor(hereinafter referred to as the “qr code case”).The first three types are direct infringement of financial crime associated with third party payment account while the last type is an indirect one.This four-part paper which mainly analyzes the qualitative problems of these four types of crime.The first chapter introduces conceptions of the third party payment and relevant typical cases,comparing the characteristics,similarities and differences of varioustypes of cases.The second chapter analyzes legal relations underlying the third party payment among Alipay,users and banks,clarifying Alipay and Ant Check Later cannot be interpreted as a credit card and find Alipay as the machine can not be cheated.The third chapter discusses how to determine the nature of direct infringements under the third party payment environment.To put it another way,to talk about the first three kinds of cases.Firstly,stealing Alipay account balance.Since Alipay cannot be cheated and the features of program code,Alipay cannot to be cheated and has no disciplinary action,thus that eliminates the possibility of fraud application.Second,transferring the funds from binding bankcard.Stealing credit-card related information after obtaining Alipay information can be regarded as the theft of credit card,so the “judicial interpretation of the superior court and the superior procuratorate” is inconsistent with the criminal law and this case shall be concluded as theft.Third,using other people's Ant Check Later account increases a lot of unnecessary burden to the victim and damages the property interests of the victim.Property interest is the image of the crime of theft.The fourth chapter talks about the changing of QR code.In the situation of third party payment,the obligation of verification lies in the merchant,so the merchant is the victim of code changing case.The actor violates the interests of the merchant for the customer's creditor's rights,and thus commits crime of theft.To sum up,in the third party payment situation,the above four typical cases all constitute theft.