On The Criminal Law Regulation Of Crimes Against Property Related By Intelligent Payment Program

The rapid spread of smart payment programs,including ATM,mobile phone banking,and third-party payment programs,has created a completely new payment environment,but related crimes have brought new challenges to the application of criminal law.Due to the different business nature,transaction structure and legal relationship of smart payment equipment,the legal benefits involved in the use of smart payment equipment to violate property are also different,and the traditional view that "machines can not be deceived" is deeply rooted.Regarding the criminal law application of intelligent payment procedure crime,there are different opinions.The innovation of this article is to put forward the concept of "smart payment program",type ATM machine,mobile phone bank,and third-party payment program,and from its essence,negate the traditional theory that "machines can not be deceived".To demonstrate that intelligent payment program can be deceived,explain how it is deceived,and construct the pedagogic structure of intelligent payment program being deceived,to discuss the present situation and predicament of criminal law regulation of criminal law of financial invasion of intelligent payment program in China,and finally put forward the idea and suggestion measures of regulation.This article defines "|intelligent payment program" as a weak artificial intelligence program that is programmed through the human brain,has human brain recognition and decision-making functions,and can assist or replace the human brain to complete the transfer of funds.The intelligence of the intelligent payment program including ATM is demonstrated from the perspectives of "electronic agent","program recognition ability and disposal ability".Acknowledging that artificial intelligence is "deceptive",it should first be clear that today's artificial intelligence is different from traditional mechanical devices,and secondly,we should grasp China's current social background and legal system,and finally proceed from the cognitive ability of artificial intelligence.Recognize that they have the same identification and decision-making capabilities as natural persons in a particular field.The fourth part discusses the current situation of criminal law regulation of criminal crimes involving intelligent payment procedure from two aspects:"the overview of relevant provisions of criminal law" and "the description of the current situation of criminal law regulation".This paper expounds the dilemma of criminal law regulation of criminal offence involving intelligent payment procedure in China from four aspects.The fifth part of the article corresponds to the previous section,and puts forward the ideas and suggestions to get out of the predicament from four angles.First,admit that artificial intelligence can be deceived.The argument that"machines can be deceived" should not only discuss that smart payment programs can be deceived,but also explain how they are deceived to reasonably distinguish between fraud and theft.To distinguish between the crime of fraud and theft of intelligent payment equipment,it is necessary to limit the fraudulent behavior.First,the subject of fraud must meet the definition of "smart payment program",that is,have the characteristics of "manual","intelligent",and "payment." Second,the actor must use the normal disposal function of the intelligent payment device instead of using the failure of the intelligent device or avoiding the normal disposal function of the device.Second,we should distinguish the business nature of different business in intelligent payment and comb out the related legal relationship.The use of ATM or mobile phone bank normal disposal function of the act of wealth infringement,the essence is the theft of credit card accounts.The third party payment business is more complex,mainly divided into network payment,network credit and third party credit three major areas.The determination of the act of invasion of property needs to be based on the relevant civil legal relations.In the current smart payment business,there are different legal relationships between financial consumers and financial institutions,such as the savings contract relationship between credit card users and financial institutions such as banks,and the trust relationship between investors and fund managers in online financial management.Third,draw a clear line between the statutory constituent elements of various crimes of financial invasion.First,the object of crime of unauthorized payment is different in different business.Using the normal disposition function of the financial institution's intelligent payment procedure to invade the property undoubtedly violates the public and private property ownership and the credit management order of the country.The legal interests involved should be clearly defined according to the nature of the business in relation to the illegal invasion of property by using third party intelligent payment procedures.Secondly,from the objective aspect of the crime,the behavior of the actor using the intelligent payment program to invade the property can be divided into five types,and what kind of characterization should be made for the five different types of infringement.Fourth,put forward relevant legislative proposals.Recognizing that "machines can be deceived",the actor's fraud against smart devices conforms to the criminal structure of triangular fraud.The criminal law of our country recognizes the punishment subject status of intelligent payment procedure,which is the premise to get out of the difficult situation of criminal law application.Under this premise,the existing crime system can regulate related crimes,and there is no need to add the crime of computer fraud.Placing artificial intelligence in the study of criminal law and establishing the disciplinary status of artificial intelligence programs is conducive to facing the technical risks brought about by artificial intelligence.It is conducive to the future when the era of strong artificial intelligence and super-artificial intelligence comes,in order to deal with artificial intelligence as a crime.Other crimes are prepared for the future.