Research On The Legal Application Of Illegal Use Of Payment Account To Infringe On Property ——From The Perspective Of Zhu Case

At present,China has entered a new era.China’s market economy has also been developing rapidly.People are no longer satisfied with the physical store shopping in the current society.More choices are made for Internet consumption.New payment methods such as Alipay,We Chat payment and other payment software have been widely used in recent years.While new payment methods are popular,the virtuality and uncertainty of the network also give criminals an opportunity to take advantage of them.The cases of the perpetrator’s use of others’ payment account to infringe on property have occurred from time to time in recent years,and show an increasing trend year by year.This kind of novel crime of infringing on property is different from the crime of infringing on property in the traditional sense.Relying on the new payment method,it presents a variety of criminal forms in terms of payment means and other methods.In practice,there have been a large number of cases with different judgments in the same case,At the same time,there are great disputes about this kind of crime in the theoretical circle.The illegal use of payment account has had a negative impact on the normal social and financial order of the country.The author believes that it is necessary to explore the legal issues related to the illegal use of payment account.This paper selects three cases of illegal use of payment account to invade property in practice,combs and analyzes the conviction of the perpetrator,the legal nature of the third-party platform and the number of crimes of the perpetrator in the judgment,and obtains some suggestions.This paper is mainly divided into three parts,as follows:The main content of the first part is the brief introduction of the case and the induction of the focus of controversy.This paper selects three cases such as "Zhu’s theft case".Through the analysis of these three cases,it finds out some legal problems existing in the process of illegal use of payment account in the current judicial practice,and summarizes them from the perspectives of procuratorial organs,courts and appellants,From this,the focus of dispute of the case is extracted,which is expounded and explained according to the views of the current practical and academic circles.The second part mainly analyzes the legal problems arising from the case.First,in the case,the court determines whether the relevant legal attributes of the third-party payment platform are accurate,so as to judge whether the third-party payment platform can become the legal subject of being cheated.Secondly,whether the court has a sense of punishment for the victims in the case,whether it is accurate,and whether there is a deviation in the wrong understanding,which all affect the court’s characterization of the perpetrator’s act of infringing on property.Finally,the cases of illegal use of payment accounts to infringe on property are more complex,the violations are diverse,and the objects of infringement are also different.When determining such crimes,the court should determine whether there are differences in the identification of acts before and after the infringement of property,and whether the infringement of different types of funds should be uniformly convicted and sentenced.The third part is mainly the Enlightenment of the case.Through the analysis of the dispute focus and main problems in the previous article,it puts forward some views on judging whether the victim has disposed of the property,whether the third-party payment platform can become the legal subject of being cheated and the determination of the number of crimes.