Qualitative Study On The Use Of Third-party Payment Platforms To Commit Financial Crimes

To study the nature of the crime of infringing property by using the third-party payment platform,it is necessary to clarify the concept of the third-party payment,the relevant legal relations in the third-party payment,and the types and characteristics of the crime of infringing property by using the third-party payment platform.A variety of reasons will lead to account changes.This paper divides the crime of infringing on property into two categories,namely,the victim’s voluntary change and involuntary change.This paper discusses the second case.The second case is divided into two types: the actor intrudes into the computer system to obtain account funds and the actor knows other people’s account password to obtain account funds.According to the different sources of funds,the author divides the behavior types of the actor knowing other people’s account password to obtain account funds into the following three specific types: illegally obtaining funds from other people’s accounts;Illegally obtain the money in the bank card bound to someone else’s account;Bind and transfer the bank card on someone else’s account.The research on the difficult problems in the characterization of financial invasion through the third-party platform is helpful to its accurate characterization.Different kinds of crime objects,crime means and other elements of infringing property by means of third-party payment have a certain impact on the characterization.Therefore,when studying the nature of the crime of infringing property by using the third-party payment platform,it is necessary to discuss it according to different behavior types.First,the perpetrator intruded into the comput er system to obtain account funds.The occurrence of this behavior,because the error did not cover the specific functions of the third-party payment platform,infringed on the victim’s property without forming a wrong understanding,thus forming the crime of theft.Second,in the face of the illegal acquisition of funds in other people’s accounts,the author believes that the third-party payment platform has not formed a wrong cognition and does not have the right of punishment,so the punishment cannot be implemented.This behavior of the perpetrator is not a fraud,and because the third-party payment account is different from the bank card account,the perpetrator is not involved in the illegal acquisition and utilization of other people’s credit cards and credit card information,which does not hinder the management of credit cards,Nor can it be regarded as a crime of credit card fraud.The perpetrator transferred the funds without the victim’s knowledge,and the means of transferring and occupying the funds are extremely hidden,which belongs to the crime of theft.Third,obtaining the funds behavior of other bank accounts in an unlawful way,which is bound by the bank card.The nature of the third party payment account is the same as that of the binding bank card.All the property is occupied by the user.The suspect is engaged in the transaction through the related contract or the third party’s payment account number.The act of possession and use of funds in the bank card through the invisible method infringes upon the property rights and interests of others.If it meets the constitutive requirements of larceny,it should be recognized as larceny.Fourth,if the account number is associated with other people’s bank cards and funds are transferred,this behavior is regarded as "fraudulent use of other people’s credit cards".There are corresponding provisions in Article 196 of the criminal law,which destroys the order of credit card management and infringes on the rights and interests of public and private property,which should be the crime of credit card fraud.