Qualitative Research On Illegal Access Under New Payment Methods

With the rise of the Internet era,great changes have taken place in the way of payment in our life.Compared with the traditional paper currency payment in the past,it is replaced by account password payment led by various payment platforms.The new mode of payment,typically represented by Alipay and WeChat,has almost replaced the traditional way of payment.It will soon usher in the era of "no cash".The development of Internet technology has brought great convenience to people’s lives.At the same time,a series of criminal behaviors that illegally obtain other people’s interests by means of the third party payment platform have been derived.Compared with the traditional crime of illegal acquisition,the crime involving the new payment method has the characteristics of virtuality,concealment and convenience,which also leads to some differences between the crime constitution and penalty application and the traditional crime in the judicial practice.There are some disputes in judicial practice and theoretical circles about the nature of infringement of property by using the third-party payment platform,which leads to different judgments in similarcases,or even different judgments in the same case.On the one hand,it affects the justice and authority of justice,on the other hand,it also leads to the imbalance of crime,responsibility and punishment.At present,the characterization of criminal acts involving new payment methods in judicial practice is mainly concentrated between theft crimes and fraud crimes.Through the analysis of three cases,the author will make a typed analysis and qualitative analysis on the behavior of illegally obtaining the interests of others by using the third-party payment platform.The full text is divided into three parts:The first part mainly shows the background and significance of the author’s research content,as well as the academic review of such cases.The second part introduces the basic facts of the case and the judgment results,analyzes the judgment reasons of different judgments,and summarizes the focus of controversy.In the China’s referee’s official document network,three key judicial precedents were selected from the keywords of "Alipay,fraud,theft,credit card fraud".According to the protest of the court of first instance,the court of second instance,the court of retrial and the procuratorate,this paper summarizes and summarizes the focus of controversy.Part Ⅲ:analyze the focus of controversy one by one.Firstly,it analyzes the legal nature of the property in the third-party payment platform.Second,by analyzing the legal nature of the property in the infringed third-party payment platform and whether it interferes with the credit card management order,we can determine the legal interests of the new payment platform.Third,due to the different convictions in the case,the main convictions are larceny and fraud.Therefore,through analysis and comparison,we can determine whether it is fraud or theft that causes property damage.Fourth,by analyzing whether the third-party payment platform can be cheated.Fifth,by analyzing whether the property of the bank card tied to the third party Alipay account involves the illegal acquisition and use of other credit cards and credit card information,to determine whether the transfer of consumption by using the binding relationship between the third party payment platform and the bank card constitutes the crime of credit card fraud?Part Ⅳ:qualitative analysis of illegal acquisition behavior under the third-party payment method,mainly for the illegal transfer of funds in the third-party payment account or the illegal transfer of funds in the bank card bound with the third-party payment,based on the above legal analysis,put forward opinions,and conduct qualitative analysis on the different dispute focus in different behaviors.