On The Identification Of Property Infringement In Mobile Payment Methods

Mobile payment method is a truly non-substantial payment method,and it is the product of the era of e-commerce.The advanced technology presents an extremely simple visualization panel that provides users with a convenient payment method,but also provides opportunities for criminals to commit criminal acts of invasion of wealth.In judicial cases where mobile payment is used to invade money,there is a large divergence in behavior determination.The reason for this difference is that the mobile payment platform participates in the determination of “spoofing” as a “third party”.This has made it more difficult to clarify the boundaries of invasion of property.Difficulty in identifying financial infringement in mobile payment methods is also reflected in the establishment and operation of payment platforms based on complicated legal relationships.Only when the legal relationship is clarified can the legal interests infringed by the behavior be viewed from a correct perspective,and then the nature of the financial infringement is correctly identified,Clarify the boundary between this crime and the other crime,and provide a relatively uniform standard for the determination of behavior for judicial practice.In practice,it is difficult to draw conclusions on criminal regulations that use mobile payment to infringe property crimes.Sort out and analyze typical cases,and classify the cases as directly using other people's mobile payment platforms to invade or commit crimes or indirectly using other means.Among them,the former type of wealth invasion can also be subdivided according to the nature of the funds infringed,that is,the platform balance,the balance in the bound credit card,and the platform's credit service funds.Code-type embezzlement and face recognition payment-type embezzlement.On the basis of type analysis,in order to clarify the legal benefits of behavior infringement,accurately identify the nature of the behavior,sort out the logical path of the behavior identification,and find that there are basic problems that need to be resolved in behavior identification,both at the fact level and the norm level,specifically: mobile Payment platform setting and clear operation path,the relationship between mobile payment methods and credit card payment methods,etc.After analysis,the mobile payment platform's setup and operation issues are sorted out by sorting out the service agreement between the platform and users,analyzing the nature of funds,and combining technical and normative levels to clarify the legal benefits infringed by the behavior and establish a complete legal relationship;mobile payment is a credit card The extension of payment methods,in the case of infringement of funds in credit cards,can be regarded as a crime of credit card fraud,which is the due meaning of the legal principle of criminal punishment.On the basis of clarifying the basic issues of behavior identification,according to the classification of financial infringement behaviors in mobile payment methods,and combining specific cases to identify specific behaviors,the following conclusions are drawn: First,the actor's infringement of the balance in the mobile payment platform Should be identified as a crime of fraud;second,the infringement of funds in the credit card tied to the mobile payment platform should be identified as a crime of credit card fraud;third,the act of infringing credit funds after the infringer's mobile payment platform of the victim should be identified as a crime of fraud Fourth,the scancode-type invasion of money constitutes a triangle fraud and should be punished by fraud.Fifth,face recognition and payment-type invasion of money can be subdivided into face-type invasion of money and secret brush-type collection of money.Financial behavior,in which impersonating a face to infringe on the funds in a credit card bound by another person 's mobile payment platform constitutes a crime of credit card fraud,and secretly collecting money in a manner that meets the elements of the crime of theft and should be treated as a crime of theft.