Research On The Use Of Third-party Payment Platforms To Invade Money

In recent years,the emergence of third-party payment platforms represented by Alipay and WeChat payment has made the number of new types of financial crimes increase year by year.Because of its higher concealment and steal and cheat interweave,the qualitative of this crime is difficult to grasp.Theoretical and practical circles have not formed a unified conclusion.So it is necessary to study the qualitative problem of using the third-party payment platform to invade the property.This paper starts from the typical cases of using Alipay to invade the property.Firstly,it is clear that the qualitative dispute on this kind of property infringement behavior focuses on the crime of theft,fraud and credit card fraud.However,the nature of funds involved in the use of third-party payment is not the same,so it is proposed to distinguish the types of funds for the use of third-party payment platform to invade property.Namely,it is divided into two kinds of money invasion behaviors: using the third-party payment platform to target the account balance and using the third-party payment platform to target the bank card deposit.At the same time,it is pointed out that the third-party payment institutions and the user are entrusted custody relationship,the bank and the user are creditor and debt relationship,the third-party payment institutions and the bank establish the entrusted service relationship with the help of the network connection.Secondly,on the basis of identifying the victim of the case as Lu,the author analyzes the current controversial views in the academic circle according to the above classification.Therefore,the key factors causing disputes are summarized and systematically studied one by one.Then,it is certain whether the punishment authority has comprehensive judgment from the fact level,the awareness of punishment is the necessary condition for the establishment of punishment behavior,the disposal intelligent machine can become the object of fraud,and the third-party payment platform is not the same as credit card.Finally,based on the previous analysis of the case specific identification.Chen for the account balance of money abuse behavior for Alipay is not secret,its fictitious to Alipay is the fact that the user Lu,so that Alipay has a wrong understanding of its identity and therefore the account balance punishment,should be identified as a crime of fraud.The behavior of Chen against bank card deposit money invasion is also not in line with the secret theft of the bank,and the binding relationship between bank card and Alipay account does not change the attributes of credit card,its behavior of using others' credit card information,violates China's credit card management system,should be identified as the crime of credit card fraud.