Research On The Civil Judicial Dilemma Of Fraud Cases Under The Third-party Payment Situation

With the development of Internet economy and the popularization of electronic commerce,the cases of theft and brush under the situation of Third Party payment happen from time to time.Through the analysis of cases,it is found that there are some problems in the judicial judgment of such disputes,and the judgments made by different courts are quite different,resulting in different judgments in the same case.Based on this,this paper carries out an empirical analysis of this issue,study its causes,in order to provide an effective solution to the issue of different cases of such disputes.In the introduction of this paper,the current research situation of this kind of dispute is expounded through the existing research summary,and the research methods and research programs are given The first chapter analyzes the connotation of "third-party payment",the characteristics and the nature of the stolen brush in the case of third-party payment,and sums up the occurrence process of the stolen brush in this case In the second chapter,through the analysis and comparison of the highly similar cases in the Chinese judicial documents network,the statistical results are made,and then it is concluded that there exists the phenomenon of "different judgments in the same case" in the current judgment of such cases,then the reasons for the differences are analyzed item by item.The specific reasons include the fact of the case that there are differences,the distribution of the burden of proof is not clear,and so on The third chapter analyzes the civil legal relationship,the rights and obligations of the parties involved in the case of third-party payment,and concludes that the case has the basis of civil liability The Fourth Chapter aims to solve the problems,analyze the principles of judgment in such cases,and propose some solutions,such as the improvement of legal provisions,the re-establishment of the judgment rules,the clear distribution of the burden of proof and the application of the principle of attribution,to solve the current cases in judicial practice,"the same case of different judgments" problem.