On The Judicial Cognizance Of Property Crime By Using Internet Bank

The use of Internet banking to commit property crimes refers to the behavior that the actor destroys the bank management order formed by the state in the management of the bank,takes illegal possession as the purpose,seizes public and private property by means of digital bank information platform and new technology.On October 25,2019,the Supreme People's Court issued four typical cases of crime of illegal use of information network and crime of helping information network,including two cases involving the use of Internet bank to commit property crime,and the use of Internet to illegally occupy other people's property has become a common type of property crime cases.Compared with the traditional cases of property crimes,there are many problems in the judicial practice because of the factors such as Internet technology,etc.Through the analysis of judicial documents and data,it can be found that there are four problems in the judicial practice of using Internet banks to implement property crimes: unclear case nature,difference in the number of crimes under multiple crimes,and objection to the identification of victims and accomplices.Internet banks use biometric authentication system,and comprehensively use multiple authentication methods,such as debit card,password and fingerprint,which may lead the perpetrator to commit multiple crimes in the process of using Internet banks to commit crimes,such as stealing the fingerprint and personal information of the victim,etc.,to solve the problems in judicial practice of using Internet to commit property crimes,not only through the assistance of the Department Legal data to study and analyze the problems of this kind of cases,but also need to combine the actual cases to analyze the existing problems in theory,clear the use of network banks to implement property crime cases in the focus of controversy,targeted to solve.The analysis of the relevant judgment documents on the cases of propertycrimes committed by using Internet banking from 2014 to 2019 shows that the crimes of Internet banking in China mainly involve the crimes of infringing property,disrupting the order of socialist market economy,obstructing the order of social management,infringing the personal rights of citizens,democratic rights and corruption and bribery,among which the crimes of Internet banking infringe Property crime accounts for 44.4% of the cases,and the main crimes include fraud,theft,and infringement of personal information.Compared with common property crimes,the use of Internet banks to commit property crimes involves more than a few criminal acts.Whether the first act and the second act should be analyzed as a criminal act or should be analyzed separately is related to the identification of the nature of the criminal acts committed by the criminal subject.In this regard,we should accurately determine the relationship between the pre behavior and the post behavior of the property crimes committed by Internet banks.If we affirm the implicature between the first act and the second act,according to the theory of criminal law of our country,we should choose one felony to punish the implicated crime,and this kind of cases should be convicted and punished according to the crime of reorganization.In the case of attempted felony,it is impossible to make an effective evaluation of the misdemeanor.Therefore,it is more reasonable to analyze the two behaviors as a whole.When the successive act is regarded as a whole act,which crime should be evaluated should be judged according to the stage of the criminal act and whether the victim has a clear sense of punishment.When the subject of a crime commits a crime,it is also necessary to strictly distinguish the victims in the criminal cases of using Internet banks.From the perspective of the subject of property loss,the determination of the victim can not only safeguard the judicial authority and the credibility of the rule of law,but also effectively determine the nature of the case.In addition,in the case of property crimes committed by Internet banks,to determine whether there is a joint crime between the actors,we should break the requirements of the traditional criminal law theory for the joint intention in the joint crime,and reinterpret Article 25 of the criminal law,that is,if there is no joint intention between the prior actor and the subsequent actor,as long as the behavior of the prior actor and the damage of the final subject are damaged There is a causal relationship between the harmful results,and the accomplice relationshipcan also be established between the first actor and the second actor.In terms of responsibility determination,the division of roles within the criminal group should focus on the characteristics of the property crime cases implemented by the Internet bank,with the principal offender as the center,determine the principal offender from the causal relationship,and then determine the narrow sense accomplice,so as to provide network technical support for the criminal acts The punishment is heavier.