Criminal Law Regulation On The Cash In Behavior Of Alipay's "Ant Flower"

With the rapid development of Internet finance,in order to stimulate consumption and activate market economy,many consumer credit products based on Internet characteristics have flooded into the market,effectively attracted the attention of consumers,such as "ant flower choke","commodity flower","take away flower" and other consumer credit products rapidly affected consumers' habitual lifestyle and consumption concept.Among them,the largest share of the market is Alipay's "ant flower" network payment service under Alipay APP.Before opening the service,Alipay users need to reach an agreement with the small loan company and sign the "flower user service contract".After that,Alipay users can use the "ant flower" credit line approved by the small loan company for free,online and offline.And before the 9th of the next month,it enjoys interest-free reimbursement,which is favored by many young consumers.However,due to the lack of a perfect legal supervision system in the "ant flower" service,the effectiveness of Alipay platform autonomy has not reached the level of deterrent criminals."Ant flower" cash not only violates the security of Alipay platform and small loan companies,but also seriously disrupts the Internet financial order.Even more,many criminals use the convenience and concealment of Internet payment,and use the legitimate users of Alipay to cash in the consumption credit lines of "ant flower".Because of the novelty of "Ant Flower Choke",the vague legal basis and the complexity of the intersection of criminal and civil cases,many difficulties and disputes are faced in the judicial trial."Ant flower" cash in the Internet is a serious hazard to the Internet.I think it is necessary to make a careful study of the conviction and the number of crimes in the criminal law of Alipay.Combining with three typical cases of fraudulent use of money,this article strives to analyze the conviction and the number of crimes in the criminal law of other people's Alipay "ant flower bud" in the criminal law,and study the dilemma in the criminal practice of using Alipay's "ant flower bud" in judicial practice,and provide effective solutions for it.This article is divided into three parts.The first part is a brief introduction of the case.Through collecting and sorting out the current situation and specific problems of Internet consumer credit in legislation and judicial practice reflected by three typical fraudulent cases,it summarizes the focus of controversy and provides material and case support for further writing.The second part mainly focuses on the problems caused by the case.Legal analysis,through the summary of the three controversial focus,"whether the small loan company is a real victim,whether the victim is in a wrong understanding,voluntarily dispose of his property,and whether" ant flower bud "can be regarded as a credit card problem is analyzed one by one,so as to determine the fraudulent use of others Alipay" ant flower "cash convictions and the number of crimes;and the third part of the problem.The content is the Enlightenment of the case study.Through the analysis of the controversial focus and the main problems in the previous article,the author puts forward the opinions and suggestions to solve the problem of using "Ant Flower Choke" to cash in.I hope that through this case analysis,we can provide an effective solution for the fraudulent use of Alipay's "ant flower bud" in the application of the criminal law,and we can get more enlightenment in solving the new Internet consumer credit cash crime.