The Judicial Characterization Of The Intertwined Behavior Of Theft And Fraud

Property crime has always been a crime with a high incidence in the field of judicial practice,especially theft and fraud.In recent years,the era of big data,the rapid development of e-commerce in the modern financial environment,and the emergence of online payment platforms have transformed people's transaction methods from traditional cash payments to third-party payment platforms such as online banking payment,Alipay,and We Chat.The immediacy of online payment methods and the intelligence of the trading platform,while benefiting people,have also promoted the emergence of new criminal methods,so that criminals are no longer confined to a single,traditional method of theft and deception,but instead of using online payment platforms.Carry out fraudulent and intrusive behaviors to achieve the purpose of illegally occupying the property of others.The fraudulent interweaving behavior under the network payment makes the two parties' "side communication"(fraud)and "excluded communication"(theft)two modes of action become more hidden,which has caused a certain impact on the existing theory and judicial practice.The legal regulations in China have brought many problems.It involves not only the old issue of the legal distinction between the crime of theft and fraud under the traditional form,but also the new issue of the evaluation of the interweaving behavior of fraud under the network payment.Therefore,this article will make a specific distinction between the crime of theft and the crime of fraud,and propose specific and clear evaluation criteria for the interweaving of fraud with the characteristics of criminal behavior under networkpayment,in order to accurately define such behavior and guide practice.The content of this article is as follows:The first chapter starts with the concept,characteristics and behavior types of the fraudulent intertwined behavior,and briefly analyzes and combs the fraudulent intertwined behavior in the context of network payment to clarify its composition.The second chapter mainly introduces the different criminal law evaluations of this kind of behavior in the current theoretical and practical sessions.This kind of case appears novel on the surface and uses the network payment platform as its medium,but its essence should still be a crime of property infringement.At present,there are three main conclusions: theft,fraud and credit card fraud.The crime of infringing money by using it is classified as a credit card fraud crime.The third chapter puts forward the logical premise of the criminal law evaluation of the intertwined acts of fraud,which is to acknowledge the existence of a mutually exclusive relationship between the crime of theft and fraud.Only by recognizing this relationship can the evaluation of such acts have practical significance.The fourth chapter enters the main part of the article,and discusses the criteria for evaluating the criminal law of the fraudulent interweaving behavior under network payment.Because the crime of fraud has unique criminal constituents and criminal characteristics compared with theft,the author determines whether the behavior constitutes a crime of fraud by seizing the essential characteristics of the actor's behavior in the structure of the constitutive elements.The evaluation criteria are the victim's misunderstanding and disciplinary action.Demonstrate whether the behavior constitutes the crime of fraud through the above standards,and then,on the premise of denying the establishment of the crime of fraud,further demonstrate whether the crime of theft is constituted.Chapter V lists typical cases in judicial practice,and uses the above evaluation criteria and arguments to characterize different behaviors in different cases,with a view to providing reference for identifying such cases in judicial practice.