The Analysis On The Larceny Case Of Tang Et Al.

In recent years,with the popularization of the new payment mode such as Alipay,cases of illegally obtaining funds from other's Alipay accounts have been increased.Such cases present in various forms and there is a great dispute on how to qualitative them in the field of practice and theory.Taking Tang et al.'s larceny case which is a typical one in such cases as primary case and other three related cases as aided case,the thesis concludes the following disputed issues: whether Alipay account information can be evaluated as credit card information;if Alipay or the binding bank can be tricked into;the acts of Tang et al.should be labeled as theft,fraud,or credit card fraud.Based on comprehensive analysis,the result could be reached as follows:Firstly,Alipay account information can't be treated as credit card information.The connotation of credit card information differs from that of Alipay account information,and it can't be interpreted extensively as Alipay account information.Secondly,neither Alipay nor the binding bank can be cheated.Alipay is a kind of machine,which can't be cheated by humanbeing.After being bound with Alipay,the bank pays according to computer programs without checking the user.So it is impossible for Alipay and the binding bank to be tricked into.Thirdly,Tang et al.can't be convicted of fraud and credit card fraud.Credit card fraud is a special type of fraud.To constitute this two crimes needs to conform to the basic behavior structure of fraud,in which the disposition act is the key factor to differentiate fraud and theft.In this case,Alipay does not fall into a wrong understanding to dispose properties,nor does its binding bank.And Tang et al.'s behavior neither belongs to “false using of other's credit cards” nor breaks the management order of credit cards.Hence,their behavior does not meet the constitutive elements of fraud and credit card fraud.Fourthly,Tang et al.should be accused of larceny.The unification of subjective and objective factors should be considered during the period of identifying larceny.On the objective aspect,stealing secretly is the basic feature of larceny.Tang et al.sneak money away from its owner with a subjective intent of illegal possession,which shows initiative and violates public and private ownership of the property.Therefore,the criminal acts of Tang et al.are consistent with the characteristics of stealing.In addition,the determination of larceny is more in line with the principle of criminal responsibility.