In the background of the rapid expansion of Internet finance,while third-party payment platforms have brought convenience to people,they have also induced new types of financial crimes.On the qualitative issue of defrauding the consumer credit behavior of third-party payment platforms,there is a dispute over the viewpoint of theft and fraud.First,the identification of the victim and whether or not an intelligent machine such as a third-party payment platform can be deceived are important links in determining whether the perpetrator constitutes a crime of theft or a crime of fraud.Secondly,on the basis of affirming the viewpoint of fraud,since the third-party payment platform is not a financial institution,the consumer credit of the third-party payment platform cannot be regarded as credit cards,thereby denying the view of credit card fraud.At the same time,the funds provided by consumer credit services on third-party payment platforms are different from small loans issued by financial institutions and do not meet the objective requirements required by the crime of loan fraud.Finally,because consumer credit on third-party payment platforms is essentially a new payment tool based on consumer credit contracts,fraudulent consumer credit on third-party payment platforms conforms to the behavioral characteristics of “contracting in the name of another person to sign a contract” and should be classified as a contract fraud crime. |