| With the rapid development of our country’s economy and technology,online mobile payment is rapidly entering people’s production and life.In most cases,all occasions that require payment transactions could be solved through a smartphone.Third-party payment platforms,such as We Chat,Alipay,etc,have the advantages of simple operation,convenience and speed compared with traditional payment methods,and have replaced traditional payment methods,covering all areas of daily life.But at the same time,due to the novelty and secrecy of the perpetrator’s criminal behavior,in practice,the perpetrator illegally transfers the balance funds or bound bank card funds in the third-party payment platform of others by using a variety of criminal means.The frequent occurrence of new types of crimes against property has exceeded the scope of traditional property crimes,making it more difficult to characterize cases in judicial practice,and seriously affecting the order and security of transactions in my country.At present,in judicial practice,there is no clear conviction standard for illegally transferring other people’s funds by using third-party payment platforms.Judicial organs in different regions even have the phenomenon of "same case and different judgment",including theft,fraud,and credit card fraud.Therefore,it is worth our in-depth study on how to reasonably and accurately characterize the criminal behavior in practice.In practice,the phenomenon of "same case and different judgment" appeared in the characterization of the illegal transfer of funds from other people’s third-party payment platforms,and analyze the reasons.From the perspective of criminal behavior,the impact of different types of criminal behavior on the characterization of the case,from the criminal behavior.In terms of objects,it mainly focuses on a series of issues such as "whether the machine can be deceived",the legal relationship of the third-party payment platform,and the ownership of funds in the platform.This article mainly conducts an in-depth analysis of how the illegal transfer of funds from other third-party payment platforms can be accurately and qualitatively carried out through five parts.The first part is the introduction part of the thesis,which mainly introduces the research background and research significance of the thesis;the second part is the introduction of case comparisons and questions.The imported cases are divided into two types,and each crime type is led by two cases,both of which are the perpetrators using the same criminal behavior to commit crimes but with different trial results,indicating that in practice,the judicial organs in different regions do have the phenomenon of "same case and different judgments",and most of the crimes identified are concentrated in theft,crime,etc.On the crime of fraud and the crime of credit card fraud,the controversies of this new type of crime against property are summed up and questions are raised through cases;the third part is the specific types of illegal transfer behavior,through the two platforms of Judgment Documents Network and Non-litigation Cases Retrieving cases,it is concluded that this type of behavior includes two types of victim-initiated and victim-passive types;the fourth part is an overview of the third-party payment platform,mainly including the nature of the third-party payment platform in the legal sense,that is,whether it belongs to a financial institution and whether it is a financial institution or not.The fifth part is to analyze the reasonable characterization of the illegal transfer of funds from other third-party payment platforms,and finally conclude that the victim’s active behavior of deceiving the victim to click on the link constitutes the crime of fraud,and tricking the victim into clicking The linking behavior and the passive criminal behavior of the victim constitute the conclusion of the crime of theft. |
