Determination On Behavior Of Property Infringement Under The Third Party Payment Method

With the popularity of the Internet and the development of third-party payment,the crimes of property infringement involving third-party payment methods are increasing appearing highly prone..If such crimes are to be regulated from the perspective of criminal law,they must be clearly defined.To this end,this article is divided into three chapters to discuss.The first chapter gives an overview of third-party payment methods.Third-party payments are a basic payment structure consisting of operators,consumers,and third-party payment companies.With the development of the industry,emerging third-party payment services have been popularized,and payment channels have been greatly expanded.Third-party payment is financial,and is independent of electronic merchants and banks with financial attributes;at the same time,third-party payment is based on the credit guarantee system to ensure its normal operation and restrict the transaction behavior of both parties.When studying third-party payments,the concept should be distinguished from the two concepts of network mobile payment and credit card payment.On this basis,the basic legal relationship in the third-party payment method is clarified: the legal position of the third-party payment institution is clarified,and it should be understood as a quasi-financial institution;the related subjects appearing under the third-party payment account are sorted out.Its legal relationship.The second chapter divides the types of third-party payment infringement.According to the reasons of account changes,this paper divides the crime of infringement into the following three types: the victim operates the change account autonomously,and the agent uses the technical means to change the victim's account.The person obtains the account change password of the other person.In the third-party payment of money infringement,some criminal law issues remain controversial,such as the nature of digital money and whether third-party payment platforms can be deceived.This paper believes that the digital money of the third-party payment account in the act of infringement belongs to the digital property and is protected by the criminal law.This paper sorts out the relevant theory of whether the machine can be deceived,and finds that the third-party payment platform in the act of infringement can be used as a smart machine.Be cheated.The third chapter discusses the types of invasion of wealth under the third payment method and discusses them separately.First,the victim operates the change account autonomously.According to the behavior patterns of such crimes,the disciplinary consciousness and content are analyzed,and the victim's disciplinary behavior is determined to exist and voluntarily,thus constituting the crime of fraud.Second,the perpetrator used technical means to change the victim's account.This behavior exploits errors other than the specific functions of the third-party payment platform,making it impossible to misunderstand and directly infringe the victim's property and constitute theft.Third,the agent obtains a change account of another person's account password.The difference in funding sources does not affect qualitative.From a qualitative point of view,such behaviors are neither “active acquisition” nor “secret stealing” and cannot constitute theft;third-party payment platforms can be deceived as smart machines,using third-party payment platforms to invade and establish fraud.crime.On this basis,this paper clarifies the concept of credit card,treats third-party payment as a new type of credit card payment method,and fraudulent use of other people's third-party payment account password is fraudulent use of other people's credit card,so this kind of behavior can be regarded as credit card fraud.