Research On The Boundary Between Theft And Fraud Under New Payment Methods

In the traditional crime of invasion of wealth,we have a clear line between theft and fraud.However,the emergence of new payment methods,the continuous renovation of criminal methods,and the increasing number of cases of theft and fraud have increased the difficulty of distinguishing the two crimes.It is precisely because the new payment method is different from the traditional payment method that a new form of theft and fraud cases under new payment has been created.In addition to the preamble and conclusion,the body of this article is divided into the following four parts:The first part is the dilemma between the crime of theft and fraud under the new payment method.First,it introduces how to define new payment methods,specific types and characteristics,and discusses that changes in payment methods have brought new characteristics to traditional crimes of invasion of wealth.Secondly,it introduces four main situations in which it is difficult to distinguish between theft and fraud under the new payment method,and sorts out the specific content of the main types of behavior.The second part is the divergent views and evaluation of the new type of payment method,which divides the crime of theft and fraud.The academic community has different views on how to characterize the crimes of invasion of wealth under the new payment method.It summarizes the main points of contention in the academic field and discriminates them.The third part is the analysis of the basic jurisprudence between the crime of theft and fraud under the new payment method.This article discusses the demarcation of the two crimes from two aspects.One is to analyze the differences between the two crimes from the factual level,the other is to analyze the core of the two crimes boundary from the level of norms and constituent elements,and the specific problems to be solved.Inductive.This article takes the disciplinary action as the focus of research and discussion.The disciplinary action is the core element of dividing the crime of theft and fraud.The embezzlement crime under the new payment method should still be taken as the focus,and the specific content of disputes in the academic circle Explore.The fourth part is the specific judgment of the boundary between the crime of theft and fraud under the new payment method.The specific analysis and judgment of thefour main types of behaviors intertwined with theft and fraud under the new payment method are analyzed based on the jurisprudence of the two crime boundaries in the third part.Particular cases in the first part are discussed,and their concluding opinions are finally given.The emergence of new payment methods has changed the traditional face-to-face delivery method.The third-party subject has also been involved in the delivery process,which has brought us a challenge to distinguish between the crime of theft and fraud.The distinction between the crime of theft and fraud under the new payment method provides a reasonable solution to judicial practice,which is of great significance for conviction and sentencing in the judicial practice,cracking down on crimes and safeguarding the legitimate rights and interests of victims.