Typed And Qualitative Research On Crimes Involving Third-party Payment Accounts Infringing Property

With the rapid development of third-party payment,the payment method in the new era of our country has moved towards a different method from abroad,which is different from the highly developed credit card payment abroad.The third-party payment method is more popular in our country's life.However,the use of third-party payment as a Criminal methods have also brought severe challenges to China's judicial practice.Some people believe that third-party payment is only an extension of credit card payment methods,and there is no essential difference between the two.Therefore,you can refer to the criminal conviction and punishment of credit card crimes,but not all third-party payments are involved.The crimes of property infringement are in line with the previous punishment methods,and the new methods,methods and objects of the crimes are all impacting traditional views.It is necessary to clarify the chaos in judicial practice and to classify the research on different situations.The main body of this article is divided into three section:The first chapter clarifies the realistic dilemmas in judicial practice by analyzing the judicial opinions and the focus of disputes in similar cases in judicial practice.This chapter discusses the lack of unified judicial interpretation and trial guidance through nine typical cases.At the same time,because this type of cases are often at the same time The illegal possession of property by means of theft and deception has often led to the phenomenon of different judgments in the same case in local courts.This chapter analyzes such cases and divides the cases into other methods of obtaining Alipay accounts and passwords through various deceptions or thefts.According to the principle of direct impairment of property,the latter is mainly evaluated in the stage and the stage of fraudulent use of other people's Alipay account to transfer money.The crimes involving third-party payment account infringement are divided into fraudulent use of the balance in another third-party payment account and fraudulent use of others.There are three categories of bank card balances bound to third-party payment accounts and credit payment products that fraudulently use others,and provide categorized basis on top of these.The second chapter focuses on clarifying the theoretical disputes in crimes involving third-party payment.The main convictions of this type of cases are theft and fraud crimes,and due to the diversification of preparatory behaviors,there are methods of theft and deception.It is indeed necessary to distinguish the crime of theft and the crime of fraud from the perspective of the crime of the three-party payment account.By comparing the constitutional elements of the crime of theft and the crime of fraud,the key factor of the distinction is the punishment behavior.The authority of the punishment subject and the subjective behavior of the punishment behavior Carry out a detailed analysis of the two aspects and objective elements,and put this under the perspective of third-party payment account infringement crimes,and accurately determine the roles played by third-party payment platforms,banks,defendants,and victims in such crimes.This is the third The chapter evaluates three types of crimes to provide a theoretical basis.The third chapter divides this category of crimes into three categories: fraudulent use of the balance in the third-party payment account of another person,fraudulent use of the balance in the bank card bound to the third-party payment account of another person,and fraudulent use of the credit payment product of another person,and compare judicial practice disputes.,Based on the previous legal analysis,put forward opinions,and restructured the qualitative nature of the three types of behaviors based on the legal analysis in the second chapter for the deficiencies in the focus of disputes in different behaviors.Because theoretical analysis may be inoperable in the guidance of judicial practice,the perpetrators often have general intention to illegally occupy the property of others after obtaining the identity information or account information of the victim through deception or theft.It is possible to evaluate properties of different natures separately Will lead to judicial loopholes,you can refer to the crime of producing and selling fake and inferior products for practical guidance.