Research On The Qualitative Issues Of The Crime Of Infringement Of Property By The Third-party Payment

With the development of society and economy,new third-party payment methods have gradually replaced most of the traditional payment methods.Due to the characteristics of the third-party payment itself,in addition to the most basic payment functions,it also derives payment functions that cash does not have,such as network financing and credit payment.While the third-party payment serves the people efficiently and conveniently,the crime of infringing on property also appears new forms besides the traditional means.Due to the disputes between the practical and theoretical circles on the third-party payment related issues,there are differences in the nature of the third-party payment related crimes of property infringement.The situation of different punishment for the same crime,on the one hand,affects the justice and authority of the judiciary,on the other hand,it also leads to the imbalance of crime and punishment.Therefore,it is necessary to find out the common points between different theories and form a unified understanding.The author mainly analyzes the above problems through four parts and puts forward personal opinions as follows:The first part is "an overview of the basic issues related to third-party payment".On the basis of clarifying that the third-party payment is a non-bank financial intermediary that handles fund transfer services,according to its characteristics of electronization,instruction and intermediation,it is divided into three typical ways: online payment,online financial management and online credit.Through sorting out different payment methods,I have a deeper understanding of the transaction mode of third-party payment.The second part " confirmation of objective behavior of crime of property infringement involving third-party payment ".On the basis of the classification of third-party property abuse,the typical cases are sorted into a table to show the differences existing in the current judicial practice.Then summarized and sorted out the existing dispute focus,that is,whether the thirdparty payment platform can be fraudulent,whether the victim should have the sense of punishment,and the actor illegally obtained the payment account.The third part "related identification of third-party payment".On the basis of analysis and summary of the theory,this paper concludes that for the fraudulent consumption type,because the payment platform as a new type of intelligent machine can be cheated,so it should be convicted of fraud and punished.For the active payment type,the account owner disposed of his property after falling into the wrong understanding,which meets the constitutions of the crime of fraud.In terms of illegal trespass,since the payment order was not submitted to the platform,but the illegal benefits were obtained by directly changing the data.Therefore,this behavior was carried out secretly for the payment platform and should be identified as theft.The fourth part is " inspection and improvement of the crime of property infringement related to third-party payment ".Through the analysis of the current network property crime to individuals and units to bring serious harm consequences,the necessity of severe attack,as well as the fight against the network property crime facing difficulties.According to the problem that the current punishment scope of criminal law is too narrow,this paper puts forward some forward-looking suggestions on appropriately expanding the punishment scope of criminal law and improving the protection of legal interests.