Identification Of The Use Of New Payment Instruments For Financial Abuse

Today,the 21 st century,we are on the way from the Internet era to the era of artificial intelligence,with the continuous development of science and technology,mobile payment technology has gradually matured and popularized,such as Alipay payment,We Chat payment,payment,flowers and other new payment methods into our daily life,In people's daily life has brought a lot of convenience,the use of new payment platformfor for the crime of embezzlement is also increasing year by year.The crime of using new payment methods for financial fraud is often based on mobile devices,the Internet,third-party payment platforms,and often involves multiple subjects,such as perpetrators,victims,third-party payment platform parties,banks,etc.Therefore,this has resulted in a case of a variety of means,a variety of subjects of the situation,in the case of the qualitative issue is controversial.Because of the particularity of the nature of the new payment tool itself,the complexity and diversity of the means of the accompanying acts of embezzlement also cause a great controversy to be caused by the use of traditional criminal law tocharacterize.In judicial practice,there are cases of credit card fraud,theft and fraud in the case of the use of new payment tools for embezzlement.In this paper,Alipay,which is representative in the new payment platform and has a high penetration rate,explores the qualitative problem of the case of using the new payment method to embezzle money,and this paper demonstrates from the following three parts that under the existing law,the act of fraudulently transferring other people's Alipay should be identified as credit card fraud.The first part is mainly to use the new payment platform to commit the crime of financial abuse,first from the new payment platform to start with the introduction of the new payment platform itself to make a scientific understanding,the current new payment platform mainly to third-party payment platform,and further analysis of the legal properties of the third-party payment platform,and the criminal law of the "" Comparing the legal attributes of credit cards,it is concluded that the third-party payment platform is the same in the substantive sense of the legal attributes of "credit card" in the criminal law by analyzing the relevant judicial interpretations and laws and regulations.Then,on the issue of the legal nature of alipay balance,the main dispute severance of the legal nature of the current Alipay balance is analyzed,and the trend of electronic ization is confirmed in the perspective of the historical development of money in several major disputes: electronic currency,pre-paid value,virtual property,creditor's rights.After clarifying the concept of the new payment method,the types of cases of embezzlement using the new payment method are divided and clarified,and the relevant conditions for the registration and transfer of money obtained by the right means and the conditions related to the transfer of money obtained by illegal means are classified as the criteria for classification,It will be divided by the crime of embezzlement andembezzlement of new payment methods,so as to pave the way for the relevant discussion of the later text.The second part mainly discusses the main controversial issues of the characterization of the case of financial infringement using the new payment method,first of all,from the difficultpoints of the case analysis.The identification of the means of behavior and whether the "machine" can be deceived is a problem of the qualitative dilemma of such cases.Then continue to use Alipay as an example to analyze the current mainstream views of the controversial issues."Stealing says" the main argument for this kind of case lies in the "secretity" of its means of behavior,and this kind of crime is the perpetrator's "active acquisition type" of crime,on the "machine" can be deceived on the issue of negative attitude,in this kind of case Alipay's client is a substantial victim.The scholar of "Fraud Says" thinks that the perpetrator has made up the illusion of the right subject,which makes Alipay and the bank have been deceived,and that the "machine" is qualified to be deceived,and further puts forward the view of "triangular fraud" which should be excluded from the discussion because of its own contradictory nature.The third part aims to prove that the fraudulent use of other people's Alipay transfer behavior constitutes the crime of credit card fraud,from the positive and negative two aspects of the argument.First from the counter-facing "theft talk" part of the point of view to make a negative,from the network characteristics of the openness and the stage of the criminal process analysis of the negatorised the perpetrator when committing the crime of the "secret" characteristics,and then put forward that this kind of criminal behavior does not conform to the "active acquisition" characteristics,but in line with the "passive delivery" characteristics.Next,from the positive proof of the conformity of the crime of credit card fraud,the connotation and extension of "credit card" in criminal law are further elaborated,and from the relevant judicial interpretation and analysis of laws and regulations,it is concluded that the crime of credit card fraud is and the crime of fraud is particularly related to the general relationship,but does not require the fictitious facts,Concealing the truth and having the same view on the object of deception,the perpetrator is unreasonable to cheat the criminal instrument,and the question of whether the "machine" can be deceived needs to be proved by the necessity of substantive exclusion.Then,from the "counterfeit" means and the violation of the object and combined with the relevant judicial interpretation of the case of credit card fraud,and finally,several perpetrators to obtain other people's login equipment,credit card information and the implementation of the act of fraudulent Alipay transfer carried out a brief qualitative analysis.