A Study On The Legality Of Penalty For Illegal Property Invasion By Using Third-Party Payment Platform

With the advancement of my country's mobile communication technology and the development of e-commerce,third-party payment platforms such as Alipay and WeChat Tenpay have played an irreplaceable role in people's lives and become a veritable "electronic wallet".As a result,there have been increasing cases of criminals using thirdparty payment platforms to infringe on the property of others.At present,there are divergent opinions on how to define the criminal nature of the illegal transfer of funds using Alipay and other third-party payment platforms.In judicial practice,the cases are the same or similar,but the judgment results are very different.In order to settle disputes and unify the standards applicable to crimes,it provides a solution to the current situation of criminal justice in China.The paper summarizes the typical multiple cases in practice through case analysis and comparative research methods,and analyzes the different cases involved with the case as a guide to the question of the difference between legal relations and charges.This article analyzes Alipay's financial attributes and credit media functions from the perspective of functional value by interpreting the concept,characteristics and development of third-party payment platforms,and concludes that Alipay is a non-bank financial institution that can issue credit cards.The qualitative funding is the conclusion of digital property.Then,according to the functional division of Alipay's business segments,the actual actors use the platform to invade wealth into three types: transfer of funds in the platform account and credit card funds in the field of online consumption,transfer of funds in the balance treasure in the field of network wealth management and Use other people's "flowers" in the field of online credit.In response to these cases of financial intrusion,this article puts forward an analysis of the elements of the crime of crime of theft,fraud and credit card fraud.Combined with the analysis of Alipay transaction structure and the difference in charges,this article denies that the illegal transfer of funds in Alipay constitutes theft.Further explore the criminal structure of the crime of fraud and then find that the illegal transfer of funds in Alipay constitutes a crime of fraud.Due to the difference in the transaction structure,functional characteristics and legal relationship subjects of Alipay's different business modules,under the premise of fraud,due to the difference in the relationship between Alipay's business sections and credit card payment,does the behavior hinder credit card management? There are also differences in order.After analyzing the relationship between various business sections and credit cards," Ant Check Later " was identified as an extension of credit card payment methods,and further illegally obtained the Alipay account password of others and used the funds in the bank card bound by the fast payment transfer platform and misappropriated others The crime of " Ant Check Later " is characterized as a crime of credit card fraud.For the use of Alipay as a typical representative of third-party payment platforms to invade wealth,this article advocates the establishment of fraud.For the transfer of funds in the bound credit card and the fraudulent use of others' "Ant Check Later" situation,which hinders the order of credit card management,according to the principle that the special law is superior to the general law,the crime of credit card fraud is further determined on the basis of recognition of the crime of fraud.