The Distinction Between Fraud And Theft Under The New Payment Method

The new payment method mainly refers to the most popular online mobile payment method currently represented by mobile banking payment and third-party payment.The popularity of such payments has made it possible to "see the world through a mobile phone".However,this method of payment has already evolved into a way for criminals to commit property infringement.What kind of legal evaluation should be made of such acts of using illegal means to obtain money is a new issue brought by high-tech means.In our criminal law chapter on crimes of property infringement,the crime of fraud and theft are two extremely important basic crimes,and also the most common property crimes in practice.The two crimes have certain similarities in the composition of crimes,but each has distinct characteristics.With the continuous development of society and the progress of science and technology,these two kinds of crimes are becoming more and more abundant in their behavior ways,and the crime methods are different from the past,sometimes they involve fraud and theft.Based on this,it is difficult to solve these new problems by using traditional criminal law theory.Not only are scholars have different views about the determination of the two crimes,in practice,In many cases,the outcome of the same case in different courts are very different.In this article,the perpetrator's property infringement is not only secret,but also in line with fictitious facts and deceptive to conceal the truth,should be dealt with from a felony.To analyzing the definition of two crimes from the perspective of jurisprudence.By listing the similarities and differences between the two crimes,and making a combined analysis based on practical cases.In particular,to accurately define and extract the relevant consciousness and punishment in the criminal process that may cause confusion,to provide a reference for a better definition of the two crimes.This article is about 25000 words.Apart from the introduction,the text is divided into four parts:The first part through three controversial real cases,learned that the distinction between fraud cases and theft cases is a difficult problem in judicial trials.Drawing the focus of the controversy between the two crimes based on the actual case will help us resolve the difficulty of distinguishing and determining the two crimes faster and better.The second part is to introduce the types of new payment and its comparison with traditional payment methods,as well as the dilemma of the identification of financial infringement crimes brought by the new payment methods.Only by identifying these problems can we helped us better and faster to clarify the difference between fraud and theft.The third part starts with the behavior characteristics of the actor.It is learned that the two crimes are the biggest difference in that the crime of fraud is a crime committed by making up facts and concealing the truth,and whether Larceny needs to be committed intentionally through secret larceny.The fourth part starts with the identification of the victim,and finds that the object of crime has an important impact on the constitution of crime.Then from the definition of the act of disposition and its specific way,the meaning of disposition consciousness and the starting point of whether it is necessary to make a clear distinction between the two crimes.