Research On The Crime Of Property Embezzlement Under The Third-party Payment Platform

The widespread use of third-party payment platforms has led to an increasing number of infringements.This paper first examines the current situation of the infringement behavior under the third-party payment platform,clarifies the concept of the third-party payment platform and defines the infringement behavior generated under the third-party payment platform,that is,the crime of infringing on the third-party payment platform is that the agent is using the third party.There are various security vulnerabilities in the payment platform and various financial crimes committed under the circumstances of poor supervision.The typical forms of expression are divided into two categories: one is direct expression,such as stealing the balance in the third-party payment platform,stealing the bank card balance associated with the third-party payment platform,and fraudulent use of other people's ants;second,indirect expressions,such as Stealing the QR code behavior.At present,China's infringement of wealth is still regulated by the traditional crime of infringement of wealth.However,due to the particularity of the third-party payment platform,taking Alipay as an example,the legal relationship involved is more complicated.Scholars are responsible for these behaviors.There are different opinions on qualitative issues.Therefore,different types of crimes against wealth should be considered separately.The author sorts out the legal relationship under the third-party payment platform by taking Alipay as an example.He believes that stealing the balance of the third-party payment platform constitutes theft;the act of stealing the balance of the credit card associated with the third-party payment platform constitutes credit card fraud;The act of using other people's ant to swear constitutes theft;stealing the QR code constitutes theft.At the same time,in order to make this kind of infringement behavior more certain and unified in judicial practice,the author suggests that a complete third-party payment platform criminal law system should be established in legislation,and the sentencing of the infringement behaviorunder the third-party payment platform should be appropriately increased;At the judicial level,the case of third-party payment platform is compiled as a guiding case to explain the legal issues of the third-party payment platform.