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

In order to make the economy and daily life more efficient,convenient and safe,more and more electronic products derived from the Internet come into our lives.Under this background,a lot of new payment methods emerge at the right moment,and the emergence of new payment methods also gives the network crime of money invasion a living space.This paper focuses on the influence of the third-party payment method on the infringement of property,hoping that the study of this paper can play a role in dispute resolution for the current and future judicial practice related cases.This paper is divided into five parts.The first part is the introduction,which briefly introduces the background,research status,research methods,innovation points and shortcomings of the topic.The second part is the theoretical overview of the third-party payment method.Firstly,the concept of the third-party payment method is introduced from the change and development of the payment method,and the concept of the third-party payment method in this paper is defined.Secondly,according to the different types of third-party payment methods,this paper defines the types of cases of property abuse;Thirdly,the legal nature of the funds in the third-party payment accounts is analyzed.The funds in the third-party payment accounts are digital property,which can be the object of the crime of fraud.Finally,based on the re-examination of the meaning of the credit card,we believe that the third-party payment method is the expansion of the credit card payment method.The third part is the qualitative dispute analysis of the property invasion crime under the third-party payment method.There have always been two views on the characterization of such crimes as larceny and fraud.Based on the fact that the property invasion does not have the characteristics of active acquisition and secret theft,this paper negates the viewpoint that the property invasion is characterized as larceny.The fourth part is a theoretical analysis that the crime of property invasion by obtaining the third party accounts of others through legal means should be characterized as the crime of credit card fraud.The crime of fraud by fraudulent credit card is a legal admission that machines can be cheated.As an artificial intelligenceprogram,the third-party payment platform can be regarded as a robot.Identify certification program makes the third party payment platform,have a certain understanding ability,the understanding of the behavior person USES platform to identify functional errors,and provide the other under the premise of real account and password,make voluntary third-party payment platform to deliver property,completely accords with the behavioral characteristics of fraud crime,and the essence of the third party payment is credit card payment,so the author thinks that,third-party payment which are mentioned in the article the two types of property crimes,shall be convicted and punished crime of fraud by credit card.The fifth part is the qualitative analysis of the behavior of obtaining and using other people's third-party payment accounts by illegal means.Whoever embezzles,swindles,seizes or steals another person's mobile phone and USES a third-party payment account shall be given a combined punishment for several crimes if the previous embezzlement,swindle,seizure or theft of the mobile phone constitutes a crime.The perpetrator who robs the mobile phone of another person and USES the third-party payment account shall be punished as one crime of robbery,and shall be punished as several crimes if he or she USES the phone afterwards or both on the spot and afterwards.The sixth part is the thinking of the credit card theft and using the crime of theft.Because of the existence of legal basis,no longer exists not only clear and use the type of credit card crime of fraud of the judicial interpretation conflicts,and violates the principle of adaptive principle,so the author suggests adjusting "stealing credit card and use with larceny recognized" the provisions of the theft of credit card and use behavior shall,in accordance with the type and using credit card crime of fraud of the credit card convicted and punished.