Research On The Legality Of The Penalty Of The Infringement Of Property By The Third Party Payment

With the combination of artificial intelligence technology and payment methods,new payment methods have begun to be widely used in people’s daily life,and the emergence of fast transaction methods has brought new forms of criminal behaviors of invading money.The use of third-party payment platforms to carry out property infringement behavior has the characteristics of concealment,resulting in the blurring of the boundary of the criminal process,and the platform and the financial products in the platform are disputed.These factors cause the criminal actor to use the third-party payment platform to infringe on the property of others There are divergent opinions in the theoretical and practical circles as to how it should be characterized.Regarding such cases,my country’s criminal law has not yet made clear provisions.In trial practice,judgments can only be made based on the existing laws and the judge’s own understanding of the regulations.This has led to the emergence of different judgments in similar cases.Third-party payment platform is constructed by data and programs.It does not have the same thinking ability as a person,does not have the ability to recognize,and cannot fall into misunderstandings.At present,the judicial practice of our country qualifies the crimes of theft,fraud,credit card fraud,loan fraud and other crimes for the use of third-party payment platforms to commit property infringement,and there is no detailed classification of such cases.According to the perspectives of behavior appearance,property substance and legal interest infringement,the types of financial infringement in the third-party payment environment include infringement of third-party payment balance,infringement of third-party payment binding bank card funds,infringement of third-party related financial products,Infringement of third-party payment related credit funds and registration of accounts and binding bank cards to illegally obtain five types of behaviors.Due to the different types and targets of property infringement,its characterization must be clarified,the boundary between crime and crime must be clarified,and the constitutional elements of crimes of theft,fraud,credit card fraud and loan fraud must be compared and analyzed.It is very important to determine the nature of such cases.Through the understanding of the nature of the third-party payment platform,the wealth management product,and analyzing the appearance of the behavior,the above four types of behavior constitute the crime of theft,credit card fraud,theft,and loan fraud.The behavior of registering an account and binding a bank card is the previous behavior Deception constitutes the crime of fraud,and if the previous act was theft,it constitutes the crime of theft.According to our country’s different judicial status on such cases,in order to make judicial judgments more accurate,it is recommended to formulate relevant judicial interpretations and select guiding cases on the basis of traditional crimes,and to be based on national conditions and judicial practice.On the basis of this,build a legal system for my country’s third-party payment platforms.