Qualitative Analysis Of Criminal Law On Illegal Transfer Of Third Party Payment Platform Funds

Under the new payment mode,the crime of network embezzlement is becoming more and more diversified,and the transfer of funds from third-party payment platform is the most typical form of expression.The funds in the third-party payment platform account should not be understood from the perspective of creditor’s rights,but should be regarded as the ownership of the account holder.In judicial practice,illegal transfer of funds from third-party payment platforms can be divided into two types: the victim’s automatic change account amount and the victim’s passive change account amount.When the victim changes the amount of the account automatically,the victim himself is also the victim of fraud,and the deceived person has a wrong understanding,and then delivers the property.When the victim changes the amount of the account passively,there are two cases: the illegal acquisition of the password transfer funds and the direct modification of the amount of the victim’s account through the computer information system.The essence of the illegal acquisition of account password by the perpetrator to log on to the third party payment platform account transfer funds is to take money illegally in the name of others without authorization.The essence of the act is to defraud the machine.In fact,machines can not be interpreted as human brains,do not have the unique cognitive and disposal ability of human brains,and can not directly become parties to legal relations.But at the normative level,the actor deceives the controller behind the machine by fabricating the fact that he is a real user and using th e correct account number and password to act on the machine,and eventually returns to the legal relationship between people.Therefore,the transfer of third-party payment platform funds in the name of others,through the fraud of the machine to achieve t he fraud of the people behind,the establishment of fraud crimes.At the same time,we should clarify the status of third-party payment platform in legal services such as payment,financial management and bank card payment,and the impact of different sour ces of funds on the legal interests involved,and then determine whether the behavior is fraud or credit card fraud.In the case of directly changing the amount of victim’s account through computer information system,there is no machine being cheated,whi ch accords with the characteristics of stealing,so it belongs to the crime of theft.At the same time,according to the seriousness of the plot,we should consider whether the crime of destroying computer information system should be established at the sa me time.In the case of the victim’s initiative to change the amount of the account,although the specific amount of transfer is not recognized,this misconception is still caused by the actor’s concealment of the truth.Without requiring the knowledge of the specific delivery,it should still be recognized as a crime of fraud.