Qualitative Research On The Fraudulent Use Of Alipay Account For Wealth Invasion Behavior

With the development of network finance,third-party payment is becoming increasingly popular and Alipay platform has played a crucial role in transactions and has become an indispensable tool in people’s daily life.At the same time,the number of criminal cases of fraudulent use of other people’s Alipay accounts to infringe property is also increasing.Alipay,as a typical third-party payment platform,not only makes our lives more comfortable,but also provides criminals with the convenience of infringing other people’s property.The concealment and diversity of criminal means have brought many difficulties to criminal judicial trials,and at the same time,the lag of legislation and theoretical differences have also brought difficulties to characterization.In today’s increasingly developed Internet economy,more and more criminals use citizens’ personal information to commit crimes through the Internet,which hinders judicial trials and limits the development of the Internet economy.There are different views in the theoretical and practical circles on how to characterize the fraudulent use of Alipay accounts to infringe property,including three views: theft,fraud and credit card fraud.Therefore,it is necessary to study the qualitative problem of fraudulent use of Alipay accounts to carry out such acts of infringing property.This article first analyzes the basic attributes of Alipay,clarifying the relevant concepts and legal attributes of Alipay,and classifying the fraudulent use of Alipay accounts to infringe wealth,which can be divided into "fraudulent use of account balance type" and "fraudulent use of binding credit card type","fraudulent use of credit card information" and "fraudulent use of Ant Huabei",combined with relevant typical cases and theories,to characterize the four types of fraudulent use of Alipay to infringe wealth.According to the behavior of privately binding other people’s credit cards through Alipay,this behavior is in line with the special provisions of judicial interpretations on fraudulent use of credit card information,and it is concluded that fraudulent use of credit card information constitutes a crime of credit card fraud;at the same time,Alipay,as a smart machine,cannot be cheated,and Alipay The account cannot be interpreted as a credit card,and the Alipay platform does not have the right to dispose of the user’s property.It is concluded that the remaining three acts constitute the crime of theft.This article hopes to solve the qualitative problem of fraudulent use of Alipay accounts by discussing the issues of "Can Alipay be deceived","Can Alipay account be used as a credit card" and "Can Alipay account and password information be used as credit card information".It is intended to provide a reference for resolving judicial disputes.