A Qualitative Study On The Behavior Of Cyber Infringement Under The New Payment Method

With the continuous development of network technology,new payment methods such as Alipay and WeChat payment have made people’s life more convenient.At the same time,many new crimes of embezzling property have also been spawned.The change of payment mode not only extends the place of traditional crime of embezzlement to the cyberspace,but also makes it different from the traditional crime of embezzlement in the constitution of crime and the application of penalty because of the use of network technology.The Supreme People’s Court,in order to supplement the enactment of the law,ensure the coordination of the application of the law and help people’s courts at all levels to be more accurate and consistent in the process of applying the law,issued Guiding Case No.27 in June2014 in an attempt to solve the qualitative problem of network property infringement.However,many scholars believe that the decision rules of the Guiding Case are inappropriate.The discussion on the characterization of network embezzlement in the theoretical circle of criminal law mostly focuses on the crime of fraud and theft.Through the analysis of the existing mainstream views,the author believes that network embezzlement should not constitute the crime of fraud but the crime of theft.This paper is divided into three parts:The first part briefly introduces the basic facts of the guiding case No.27 and the judgment results of the People’s Court,and makes some analysis of the reasons for the judgment,thus questioning the theory of the qualitative analysis of the network property violation in China.The second part combs the mainstream theories about the qualitative analysis of cybercrime,refutes the two views,negates the view that property accounts are regarded as "property",and raises doubts that the crime of fraud should adhere to "the sense of punishment should not be said".The third part,on the premise of recognizing property account as a manifestation of property interests,holds that the mainstream viewpoint of the theoretical circle of criminal law should be adhered to,and that "the necessity of punishment consciousness" should be adhered to when determining the crime of fraud.By quoting the concept of indirect principal offender,the author further analyses the role of the actor and the victim in the network property infringement,and then draws a conclusion of the network property infringement.Act should be defined as theconclusion of theft.