Research On Criminal Law Of Victims' Disposition In Network Payment Mode

The rapid development of online payment methods has made people's payment more convenient on the one hand and many new types of property crimes on the other.Due to the complexity of the information network environment,compared with traditional property crimes,new property crimes show different changes,especially the cases of fraud and intertwining are more difficult to distinguish.Among them,the judgment of the victim's disciplinary consciousness has become an important field of academic debate.This paper believes that the criminal law research on the victim's disciplinary consciousness under the network payment method is inevitably different from the research in the traditional property crime.It is necessary to carefully study the influence of the victim's disciplinary consciousness on the crime identification under the network payment method,and is divided into four chapters.It analyzes its connotation,existence rationality,change and influence,and identification path.The first chapter first defines the victim's disciplinary consciousness,and clearly defines the meaning under the network payment method.The premise of analyzing disciplinary consciousness is misunderstanding.The development of online payment means that the object of victim's disposition consciousness changes from tangible property to intangible property interest,so the possession meaning in disciplinary consciousness also changes,and the discrimination of disciplinary consciousness intraditional property crime different.The second chapter examines the rationality of the disciplinary consciousness under the network payment method from the perspective of criminal law theory.The doctrine of disposition in traditional property crimes is mainly divided into necessary sayings,not saying and eclecticism.Among them,the “necessary theory of disciplinary consciousness” is supported by most scholars in criminal law.However,under the network payment method,due to the diversification of fraudulent means and forms,it has caused certain impact on the behavior structure in the basic structure of traditional fraud crimes,and also led to the debate on whether the existence of disciplinary consciousness is necessary.The judgment result in practice also seems to have a certain impact on the “necessary sense of disposition consciousness” in the traditional fraud crime.“The punishment consciousness does not need to be said” has its rationality in special circumstances.In addition,in the judicial practice,the types of cases of fraud and intertwined are more and more complicated,and the network payment method aggravates the asymmetry of the information environment.Due to the high technical requirements of the network environment,there are also great difficulties and challenges in the collection of evidence.Therefore,the rationality of victim's disposition consciousness under the network payment method needs new interpretation and understanding.From the perspective of the criminal law principle of criminal law and the principle of unity and objective unity,the nature of property changes mostly under the network payment method.In the interests of property,and the confusion of network technology,the separation of disciplinary consciousness and disciplinary behavior,the rational interpretation of the existence of disciplinary consciousness should also change from time to time.The third chapter begins with the influence of online payment method on the external environment of identifying the victim's disciplinary consciousness.On the one hand,the online payment method improves the possibility of criminals using network technology.The concealment and irreversibility of online payment methods weakens the link between the act of disposition and the disciplinary consciousness,and it increases the difficulty of property recovery;on the other hand,the networkpayment method makes the relationship between property owners and property more distant compared to the traditional payment method.And it makes the separation of the act of disposition and the disciplinary consciousness possible that the direct real property transfer becomes screen numbers' increase or decrease.In addition to external factors,the internal factors of disciplinary consciousness also influence the recognition of the victim's disciplinary consciousness,the internal factors include subject,misunderstanding,knowledge of property possession transfer and property value.Even if the online payment method is popular,the subject of fraud is still not a robot,while the behavior of the normal subject in the absence of discretion may be considered as fraud.Due to the concealment of the online payment method and the complexity of the criminal method,the misunderstanding actually appears to be expanding.The deceiver's understanding of possession transfer is less direct and intuitive than the fraud under traditional payment methods.Therefore,it can be considered fraud if the disposer recognizes that he has left his control and possession,even if he does not realize that the actual transfer possesses to the perpetrator.Changes in the value of property are represented by the increase and decrease of the number,and the level of understanding of property owner's knowledge of property value is lower than that of the traditional payment method.The fourth chapter is based on the analysis of the impact and change before,trying to provide a path of identification for the victim's disciplinary consciousness in practice.First of all,the identification of the victim's disciplinary consciousness needs to be determined in legislation.In the criminal law provisions,the description of the disciplinary consciousness can be added to make the criminal law provisions more specific.In the application of the law,it is necessary to use the legal interpretation to distinguish and determine.In the cases of using online payment methods,it can be determined by legal drafting or legal interpretation without disciplinary consciousness if the act of disposition and the disciplinary consciousness are separated.Secondly,premise is to distinguish between different criminal behaviors and property types.In the behavioral differentiation,if online payment is only a simple transfer tool in fraud,necessary theory of disciplinary consciousness should be insisted on the distinctionbetween fraud and theft.If it is a fraudulent act carried out by adding a false link to the computer system used as a payment device or any other network technology,if the deceived person does not know the possibility,the establishment of the disciplinary consciousness can be prevented,it can adopt a more punishable interpretation of disciplinary awareness that disciplinary consciousness is not in need.A mitigation of the interpretation of consciousness.For property interests,the transfer of property with online payment will inevitably lead to changes in the attributes of the property under different circulation links in the property classification.It cannot be considered theft rather than fraud just because the victim has no disciplinary consciousness,the judgment should be made in conjunction with the whole process of behavior and the specific environment.For the virtual property in the network that contains illegally obtaining data that directly or indirectly contains property interests and defrauding physical property,there may be cases of computer cybercrime and property crime co-opetition with the improvement of network legislation.