Qualitative Study On Crime Of Infringing Property Under The Environment Of Network Mobile Payment

The third-party payment platform under the network mobile payment environment has brought great convenience to people's life,but with the development of network technology,criminals begin to turn their targets to this kind of new payment methods,and produce new types of crimes.Coupled with the fact that the law or the relevant judicial interpretations have no clear provisions for infringement of third-party payment platforms,it not only leads to differences of views among scholars in the academic field,It also leads to the phenomenon of different sentences in the same case because there is no uniform standard of conviction for such criminal acts in judicial practice.So the research object of this paper is to steal the third party payment level under the network mobile payment environment.The qualitative problems related to Taiwan money are studied,hoping to provide some help for the later theoretical research and judicial practice.This paper is divided into three parts:First of all,in the first part,this paper discusses the definition of the crime of infringing property under the environment of network mobile payment.This paper mainly introduces the concept and characteristics of the crime of infringing property under the environment of network mobile payment and the related behavior.Through the classification of the types of network mobile payment,the main research object of this paper is the third party payment platform invasion crime under the network mobile payment.Then it further explains what types of crimes of infringing property and the specific types of manifestation of crimes against property arising from the crime of mobile payment on the network.These contents are the following analysis of the crime of encroaching on property on the third party payment platform.And lay a theoretical foundation.Secondly,in the second part,this paper mainly discusses the judicial cognizance of the crime of invading money under the environment of network mobile payment,and combs and analyzes the existing divergence focus,which is also the main part of this paper.In this chapter,through the way of judicial cases,we conclude that there are different judgment results in similar cases,that is,the phenomenon of different judgments in the same case.The main part of the theory review is that scholars hold different views and theoretical basis on the identification of the crime of this kind of financial invasion cases.In the part of focus combing,the author first determines the location of the third-partypayment platform and the nature of the money in the third-party payment platform.Then it grasps the three different charges of theft,fraud and credit card fraud,which are the key to distinguish the crime of theft from the crime of fraud,that is,whether there are disciplinary actions in the crime of theft and fraud.And whether this process uses credit card information.According to the difference between the three kinds of charges,the author extends and discusses in detail and puts forward his own views,thus providing a strong condition for the following to correctly identify the nature of this crime of encroaching on property.Finally,the third part of this paper is the theoretical basis of the identification of the crime of invading money under the environment of network mobile payment,as well as the specific identification of the two types of cases.Starting from the subjective and objective elements of the crime,the author determines the basic principle of the characterization of this crime,and then combines the specific case type to identify the relevant charges.Finally,my opinion is that the direct theft of the money in the third-party payment account should be considered as the crime of fraud,while the theft of the money in the credit card account bound to the third-party payment account should be considered as the crime of credit card fraud.