Qualitative Research On Infringing Funds From Third-Party Payment Platform Accounts

In the third-party payment environment,the crime of infringing the funds of the third-party payment platform account is unresolved,the controversy mainly focuses on the crime of theft and fraud.In order to resolve the dispute,the classic case of criminal justice practice is combined.It is found that the main factors affecting qualitative disputes are the new types of criminal means and criminal objects in the third-party payment environment,the intertwining of theft and fraud,and the controversy over whether the third-party payment platform can be deceived.The discussion of sin and sin clearly clarifies that the main difference between the crime of theft and fraud in the third-party payment environment is whether the third-party payment platform has the right to dispose of the authority or status of the victim's account funds,therefore,triggering a reasonable qualitative thinking.Starting from the essence of criminal behavior,the technical veil on the surface of criminal behavior is uncovered,and such criminal behavior has no different from the traditional criminal.Based on the analysis of the statutory basic construction content of the crime of fraud and the constituent elements of the theft crime,it is more appropriate to characterize the crime of infringing the third-party payment platform account as theft,and when the crime is determined,it may be considered Infringement of citizens' personal information crimes,contract fraud crimes and credit card fraud crimes,etc.,it is necessary to make specific judgments based on the theory of the number of crimes such as imaginary competing criminals and implicated offenses,and then obtain more reasonable results,aiming at objective and comprehensive Evaluate the illegality of criminal acts to achieve effective regulation of the crimes,which infringed on wealth under new payment methods.