The Criminal Law Of Illegal Use Of Other People's Alipay To Invade Money

The property crime of illegal use of other people's alipay is a new form of crime in the Internet era.At present,the research on the characterization of such type of crime in China's theoretical circle is only at the level of academic views,did not involve paying treasure to act against property of qualitative for further and in-depth research.Different scholars have different views on the nature of this kind of behavior.In judicial practice,different judges often make different judgments on the same type of crimes.On the one hand,the divergence between theory and practice violates the principle of "adaptation of culpability to punishment" in China's criminal law,also violated the rigor of the criminal law on the other hand.At present,there are three kinds of characterization differences on this kind of behavior in theory and practice: larceny,credit card fraud and fraud.The crime of illegally using others' alipay to invade property will have different qualitative characteristics under different criminal situations,In this paper,this kind of common behavior of the same object of infringement is summarized into the same kind of behavior pattern through the collation and analysis of relevant articles,works and other literature,from the perspective of the object of the behavior patterns of qualitative analysis of each kind of behavior patterns.