A Qualitative Study Of Criminal Law On The Behavior Of Infringing Property By Using The Third-party Payment Platform

With the continuous progress of Internet technology,the third-party payment,which is based on modern technology,provides people with a lot of convenience.For example,Alipay,We Chat and other services provide every kind of services in daily consumption,payment,insurance,etc.,but also make the number of cases of crime using the third party payment platform rising gradually.Because these crimes are committed through new technical means,there have been many disputes in judicial practice and academia.By summarizing and sorting out the cases published in the China judicial documents network,and analyzing and comparing the data obtained,the behavior of stealing property by using the third-party payment platform is roughly divided into two types: stealing the balance in the third-party payment account and stealing the balance of the credit card bound to the third-party payment account,both of which are considered to constitute the crime of theft.At the same time,the use of third-party payment platforms to defraud property is divided into three types: defrauding money after illegally obtaining personal information,defrauding money after publishing false information or links,and defrauding money by fraudulently using credit card information,which are identified as fraud crimes,and then the specific crimes are divided through the relationship between fraud and credit card fraud.The discussion on relevant theoretical issues includes: first,whether larceny must take the form of "secret".There are many disputes on this issue in the theoretical circle.It should be considered that theft takes the form of "secret" as the element.Second,whether stealing the account balance of the third-party payment platform constitutes a "triangle fraud".As an "intermediary platform",the third-party payment platform only considers that the property is temporarily stored on the platform,so it does not enjoy the right to dispose of the property,which does not meet the constitutive requirements of triangular fraud.Third,how to distinguish theft from fraud.China’s general theory holds that punishment is the key to distinguish larceny and fraud.The structure of fraud requires a sense of punishment.The victim of fraud disposes of property based on wrong understanding is the basic structure of fraud.Fourth,whether the machine can be cheated.It should be considered that the machine can not be cheated,but it can not be denied that the people behind the machine can not be cheated,which is mutually confirmed with the subsequent use of a third-party payment platform to commit the crime of credit card fraud.