The Qualitative Research Of Behavior Of Privately Transferring Funds In Other Alipay Accounts

With the rapid development of Internet finance,third-party payment platforms such as Alipay allow us to enjoy various convenient services without leaving our home.However,at the same time,the virtuality and uncertainty of the network also provide opportunities for criminals,and it is even more common to use Alipay for cyber-infringement crimes.Whether the perpetrators use other people's Alipay account for secret fund transfer is "theft" or "fraud",the judgments of various local courts are very different.Although Alipay was established earlier,it has only really emerged in the past few years.At the same time,China's criminal law has not made detailed and clear provisions on this.Thus,the same case has different judgments.Alipay,as a third-party payment platform,operates through its set of intelligent programs.It is essentially a machine.According to relevant regulations and academic explanations,it should be positioned as a non-financial institution.Therefore,the balance of Alipay accounts does not have the properties of bank cards and should be linked to Alipay.The bound bank cards are distinguished,the funds in the bank cards are occupied by the bank,and the balance of Alipay is the digital property belonging to the user.According to China's criminal law,the object of fraud is a natural person,not including a machine.In the crime of credit card fraud,the machine can be the object of being deceived.The act of using other people's Alipay to transfer the balance funds violates the private property of the right holder.The obtained payment password pretends to be a real cardholder's transfer operation to the bound bank card,which not only causes others to suffer property losses,but also violates the financial management order.The transfer of Alipay balance funds and the transfer of funds in the bank card,the crimes of these two acts are different,and they belong to two independent crimes,which cannot be generalized.How to characterize the secrettransfer behavior of using Alipay by others is worth studying and clarifying.The legal analysis part of the characterization of behavior also comparatively analyzes the constituent elements of the crimes of theft,fraud and credit card fraud.Clarifying the boundary between crime and crime is essential to accurately determine the nature of such behavior.Finally,combined with relevant legal analysis,it is concluded that the act of secretly transferring the balance of others' Alipay to their own Alipay account constitutes theft,and the act of transferring funds from other Alipay's bound bank card constitutes the crime of credit card fraud.