Research On The Identification Of The Crime Of Infringing Property Under The New Payment Method

The emergence of new payment methods has changed the way of property delivery in traditional societies.While bringing convenience to economic transactions,it also poses a challenge to payment security.The change in payment methods has led to new forms of crimes against wealth,and there have been many doer that use new payment platforms to invade wealth.The new payment method has changed the way traditional delivery,and transactions can be completed online.And in the delivery process,it also involved a third-party payment platform,and the transaction subject changed from two parties to three parties.It is precisely because of the difference between the new payment methods and the traditional payment methods,which makes the new crimes have a new feature.Under the new payment method,the behaviors of theft and fraud are difficult to distinguish accurately.Property possession also has changed,which has a certain impact on the traditional theory of property crime.The theoretical and practical circles are also controversial.The determination of this case has mainly formed three viewpoints:tribal fraud,credit card fraud and theft.The balance in the third payment platform such as Alipay balance,should be considered as electronic money,not as a credit certificate.Alipay does not have the ability to judge and cannot be deceived,therefore,there is no misunderstanding required by the crime of fraud.Alipay balance is owned by customers.The illegal transfer of the Alipay balance is a secret stealing of other people's property.This criminal behavior should be considered as theft.In the theoretical and practical circles,the case of changing two-dimensional code has mainly formed six viewpoints:"fraud","two-way fraud","tribal fraud","new tribal fraud","no crimes",and "theft".In the case of changing the QR code,the merchant has a conceptual possession on the payment,and the doer transfers the possession of payment by himself,rather than the customer being defrauded,so it is more reasonable to determine the theft.The existing identification ideas ignore the concern about whether the direct transfer of property if independent,and still insist on strict interpretation of possession,and this strict interpretation cannot adapt to the judicial practice of infringement crime under the new payment method.Based on the consideration of the above disputes,a new idea is proposed for the distinction between the crime of theft and the crime of fraud,and whether the act of directly transferring the property is independent is one of the criteria for the distinction between theft and fraud.We should complement and amend the concept of possession in order to adapt to the judicial practice of infringement crime under the new payment method.