The Qualitative Analysis Of The Behavior Of Money Ttransferred From Alipay Account

With the rapid development of modern information technology,a fast payment method based on a third-party payment platform has emerged,providing users with a simpler,faster and more convenient experience,and obtaining large-volume users in a shorter period of time.especially in Alipay.At the same time,however,it has also spawned more criminal cases that are more concealed and more harmful.Among them,the cases of infringing wealth are the most prominent.In the judicial practice,there is a big controversy about the nature of the transfer of money from third-party payment platforms,mainly focusing on the crime of fraud,theft,and credit card fraud.This paper will combine the judicial practice,based on the analysis of Alipay,to classify and analyze the behavior of the transfer payment platform,and study the crimes involved in such behavior.This article uses four chapters to discuss the qualitative and crime analysis of the transfer of Alipay's typical third-party payment platform.The contents of each chapter are as follows:The first chapter mainly analyzes the general situation of Alipay,the legal relationship between Alipay and other legal subjects,and the status of Alipay's possession of money.Alipay,as a new electronic payment product,has greatly changed people's life.People only need to sign a service agreement with Alipay,so they can easily and conveniently realize the functions of internet transfer,electronic payment,life payment,credit consumption and so on through the login of Alipay account and authentication.Users can choose to put money directly into Alipay account when using Alipay specifically,or choose to use the bank card and Alipayaccount to bind consumption.In addition,they can also use Alipay's Creditpay function to achieve early consumption.In terms of the money in Alipay account,based on the legal status of Alipay's non financial institutions and Alipay service agreement,Alipay established a entrusted custodial relationship with its users.The money involved is still owned and owned by the users themselves.As for the money in the bank card bound by Alipay account,according to the three party agreement between Alipay,banks and users,the relationship between banks and users is established,and Alipay is a media platform for capital transfer.The money involved is owned by the bank,and the user has the right to claim the bank for the money.According to the consumption function of Creditpay,according to the three party agreement between Alipay,small loan companies and users,and the legal status of small loan companies,the relationship between small loan companies and users is established.Alipay is a service intermediary platform.Before the micro-loan company distributes the money to the user for consumption,the money is owned by the micro-loan company.The user only enjoys the anticipated consumption quota.After the company gives the money to the user for consumption,the micro-loan company enjoys the creditor's rights to the user.The second chapter,by summarizing the existing judicial precedents,finds that one of the modes of transferring Alipay platform money is to transfer money from other Alipay accounts.The transfer of other people's money in Alipay accounts is focused on qualitative disputes,and the focus is on larceny or fraud.The author thinks that it should be characterized as theft instead of fraud.From the whole behavior mode,the actor did not cheat,and the accounts and passwords entered were consistent with Alipay's identity elements.Alipay did not get bogged down in misunderstandings.Alipay,as an intelligent program,was not deceived or cheated.In the course of operation,Alipay examines the identity elements specified in the service agreement.Although the actor is not the user himself,he enters the user's default account and password,which is in line with the Alipay requirements.Moreover,Alipay itself is a human designed procedure and does not possess the autonomy consciousness of natural persons,so it does not have the sense of punishment for money.It is improper to refer to the Supreme People's Procuratorate's "Approval on the Qualitative Question of the Behavior of Picking up Other People's Credit Cards and Using ATMs" to conclude that machines can be deceived,because the judicial interpretation is a legal fiction and does not have universality.In addition,Alipay has no jurisdictionover money.Alipay has only custody rights for the money,and its possession and ownership are still in the user's place.The transfer of Alipay platform money by the actor is in line with the elements of the crime of stealing other people's money secretly,and should be identified as theft.The third chapter,by summarizing the existing judicial precedents,finds that one of the behavior patterns of transferring Alipay platform money is to transfer money from others to Alipay's bank card.The transfer of Alipay's money into the bank card should be characterized as credit card fraud rather than theft.When the actor transfers the money in the bound bank card,he does not directly contact the credit card itself,but the fraudulent identification elements are essentially the elements of bank audit,belonging to the credit card information,and used on the Internet terminal,belonging to the fraudulent use of other people's credit cards.From the angle of crime,the money transferred by the actor is in the bank card,which conforms to the standard of credit card in our country.Besides infringing property rights,it also infringes the management order of credit card in our country and belongs to compound legal interests.The larceny can not take into account the key elements such as bank fraud and compound legal interests,so it should be considered as credit card fraud.The fourth chapter,by summarizing the existing judicial precedents,finds that the behavior mode of transferring Alipay platform money is using functional consumption of other Alipay ants.Using other people's Alipay Creditpay function consumption behavior should be identified as the crime of contract fraud.The key subject of Ant's flower function is between the user and the small loan company.The contract signed by the two companies aims to realize the purpose of consumption in advance and overdue repayment of interest.It belongs to the market economy activity and belongs to the economic contract.What the actor implements is to falsely use the user's identity in the process of fulfilling the contract,which makes the small loan company mistake the actor as the user himself,and distribute the money to the actor,thus suffering property losses.It not only infringed upon the property rights and interests of others,but also infringed the order of China's socialist market economy.It is precisely because the property acquired by the actor is disposed of by the small loan company on the basis of misconception rather than stealing secretly by the actor that the act should not be considered as theft.Creditpay stalk has the function of consuming in advance,but it does not conform to the law of our country about credit card,nor should it be considered as credit card fraud.The fifth chapter and the sixth chapter mainly discuss the qualitative and analytical analysis of the behavior of acquiring Alipay login vector or login information and transferring money by legal means and illegal means.The perpetrator can take other illegal means such as theft,fraud,robbery and other illegal means to get others' Alipay login carrier or illegally obtain information of others' login.He can also take the way of encroachment on Alipay's login carrier,and then achieve the purpose of transferring money from others.After stealing,swindling and robbing others Alipay's login carrier,it can not be considered that the actor has already acquired the possession of money in Alipay.At this time,Alipay has not only passwords and other preventive measures,but also timely remedies by modifying password and cancellation.The act of illegal acquisition of the carrier and subsequent transfer shall be punished by several crimes.If the act of embezzlement by the perpetrator constitutes the crime of embezzlement,the offender shall be punished simultaneously for several crimes.The offender who illegally obtains other people's login information may be guilty of infringing on citizens' personal information.At this time,the offender should also be punished with several subsequent transfers.The relationship between illegal acquisition of other people's login information and infringement of other people's property rights and interests does not meet the requirement of typification between means and purpose of implicated offense,so it should not be considered as implicated offense.