A Criminal Legal Research On Fraudulent Use Of Other People's Online Payment Account Funds

With the rapid development of Internet technology and e-commerce,while people are enjoying the convenience of the Internet,the crime of using the new payment method is also coming one after another.Simple and intuitive,and compared with the traditional property crime new payment crime often involves complex computer processing,and various main,the evolution of criminal behavior,also makes the increasingly blurred boundaries between theft and fraud,result in such cases the qualitative both in the judicial practice and theoretical study,there are disputes,this article embarks from the actual case,the classified system,the research,put forward the qualitative method.This paper is divided into three parts:The first part analyzes the behavior of using other people's online payment account funds by type.According to the different sources of funds,it can be divided into three types: using others' online payment account balance funds,using others' bank card funds bound by other people's accounts and using others' online payment account credit funds.China's criminal law has no special legislation for such cases,and through the induction and summary of the real cases,it is concluded that there is confusion in the nature of such criminal acts in judicial practice.The second part is the theoretical differences and controversies about the qualitative behavior of using other people's online payment account funds.In addition to the qualitative differences in judicial practice,there are also disputes in China's theoretical circle,mainly including "theft theory","fraud theory" and "credit card fraud theory".This part briefly shows the basis of various theories and summarizes the focus of qualitative disputes in the academic circle.The third part is to determine the nature of the behavior of fraudulently using other people's network payment account funds,according to the different sources of funds respectively qualitative,when the fraudulently using network payment account to transfer the balance,constitute the crime of theft.When using the funds in the bound bank card fraudulently,it should be applicable to the judicial interpretation in 2009 to obtain other people's credit card information in an illegal way,which constitutes the crime of credit card fraud.When using other credit fund fraudulently,credit product is not equal to credit card,constitute crime of swindling.