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On The Judicial Confirmation Of Illegal Possession Of Other People’s Property By Using We Chat Pay Platform

Posted on:2022-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:M X ChenFull Text:PDF
GTID:2506306491995259Subject:legal
Abstract/Summary:PDF Full Text Request
With the emergence of new payment methods such as We Chat Pay,the cases of illegal transfer of other people’s property by using the third party payment platform occur frequently,and the means of financial invasion by the perpetrators are becoming more and more diverse.However,both the criminal law and the practical circles have not unified the characterization of such cases,which is reflected in the practice of "different judgments of the same case ",which greatly damages the judicial authority and hinders the realization of legal value.This paper focuses on Li’s theft,credit card fraud and fraud,and analyzes the two kinds of behavior of transferring other people’s property by using We Chat Pay and other third party payment platforms,and clarifies the qualitative nature of the case.The full text is divided into three parts,The first part is the basic situation of the case and the focus of the dispute,first of all,Li Mou theft,credit card fraud,fraud a case of a simple summary,and then the case analysis and summary of two focus of the dispute:Li directly transferred the balance in We Chat change is the establishment of larceny or fraud;Li transferred bank card money to establish theft or credit card fraud.The second part is the case analysis,by putting forward the two acts of the controversial point of view,comparing the difference between larceny and fraud,larceny and credit card fraud,and finally combining the case to make a conclusion.The third part is the author’s thinking suggestion,puts forward his own thinking about the controversial problems in the case of typification,and puts forward some suggestions on the qualitative behavior of the actor transferring We Chat change balance and the bank card that the actor transfers binding,It is considered that determine the rules of adjudication in the form of judicial interpretation or guiding cases issued by relevant departments.
Keywords/Search Tags:Wechat Pay Platform, Larceny, Crime Of Fraud, Credit Card Fraud
PDF Full Text Request
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