A Study On The Crime Of Property By New Payment Means

The progress of sub-financial business and the development of coin virtualization make the new means of payment widely used.Based on the convenience and pluralism of new means of payment,the way of property crime is more complex,and the line of distinction is more blurred.However,the crime of fraud in the new-type means of payment is only different from the traditional crime of fraud,but also caused by the thought of its criminal law regulation.Under the new means,the property in the account owned by the user,presented by figures,should be regarded as property,and can be regarded as the object of the crime of infringing property.The essence of the new payment platform is the financial institution,and the important characteristics of the new means of payment include the computer.The artifact was deceived.Credit card fraud should be used to characterize the crime of stealing and defrauding money under the new payment mode.In judicial practice,the theft of third-party accounts of Alipay should be classified as follows: the act of direct theft of the amount of the accounts of Alipay should be defined as the crime of theft;For the theft of Alipay bound credit card amount,should be defined as "credit card fraud." Applying the new triangular fraud structure to the fraud behavior under the new means of payment can not only realize the self-consistency in theory,but also have a broad application prospect in practice.this paper is divided into three parts:The first part studies the historical evolution of payment and the changes of payment in the new era by focusing on payment,discusses the influence of the diversification of new payment types on modern criminal law theory,and enriches the connotation of payment.To assist in the extraction of the general characteristics of payment.The second part is the essential analysis of payment behavior,from its internal attributes and external characteristics.Based on the summary of the development and evolution of payment behavior in the first part,it is concluded that the concept of payment act has two important covers.The first is the relationship between the behavior of payment and the consciousness of disposition,and the second is the relationship between the act of payment and the transfer of possession.Through the comparison with the two,taking the intersection and connection,analyzing and contrasting the concrete cases in practice to determine the correct thinking,and then refining the general rules of payment behavior.The third part is to solve the problem of criminal law regulation of new payment cases.On the basis of the essence of the payment behavior put forward in the second chapter,the author answers the three types of crimes in the practice of obtaining other people's property,transferring the property behavior in the third party payment platform,and sweeping the code payment cases of invading money.Appropriate penalties in criminal law.