Research On Criminal Liability Of Illegal Fourth-party Payment Platform

As an important part of the illegal fourth-party payment platform,as an important part of the ecological chain of the Internet black and gray industry,it plays an important role in the transfer of stolen money for criminals,and has caused unavoidable losses to the property security of the people.The research on the crime of illegal fourth-party payment platform is conducive to the judicial organs that severely crack down on illegal fourth-party payment platforms in accordance with the law,block the circulation channels of criminal funds,and effectively prevent payment and settlement of the "in vitro" cycle.As a new type of network crime,there are still some differences and problems in the current illegal fourth-party payment platform in judicial practice,which need to be further discussed.The writing of this article consists of three parts: the theory,the text,and the conclusion.The introduction part introduces the research background and significance of the article,the current status of domestic research,and research methods.The text is divided into three chapters,and the context of the context of "starting from the ontology,to the practice,and then to the improvement of suggestions" is carried out:Chapter One elaborates the operational status of Illegal fourth-party payment platforms.This chapter elaborates on the development process from first party payment to fourth-party payment,and introduces the emergence and classification of fourth-party payment platforms.At present,criminals use third-party payment platforms to engage in many illegal third-party payment behaviors,mainly manifested in typical models such as "running points",batch false payment accounts,and electronic shops.This crime has characteristics such as diverse and youthful subjects involved,dynamic,fluid and abnormal behavior involved,and complexity in determining the results of the crime.Chapter Two illegal fourth-party payment platform is convicted.In judicial practice,illegal fourth-party payment is included in the traditional criminal law system,there are certain differences on the issue of crime.In judicial practice,illegal fourth-party payments are most likely to help information network criminal activities and crime of opening casinos,followed by the crime of covering,concealment of criminal income,crime of income from crime and income.The analysis of the representative case shows that the main problems of the illegal fourth-party payment platform in judicial practice are: the referee lacks mature and unified ideas,the lack of fine distinction between the participation of the illegal fourthparty payment platform,ignoring imagination competition issues,and the issue of imagination,There are insufficient confirmation of joint crime identification and some crimes.Chapter Three Suggestions of the illegal fourth-party payment platform accurately crimes.The first is to unify the concept of referees.Clarify the scope of the illegal fourthparty payment platform,eliminate the crime of illegal business,refine the crime of helping the illegal fourth-party payment platform to help information network crime activities,and at the same time selectively apply to cover up the crime of concealing crimes and income from criminal income.The second is to distinguish the responsibility of participating in the subject.The sponsor,maintenance,and actual managers of the illegal fourth-party payment platform may constitute illegal business crimes,or they may also constitute a crime of upstream crimes;Persons participating in the management of gangs should be identified as a crime of help,unless there is evidence that it has a deeper participation in upstream crimes.The third is to clarify the common crime,refine and strictly apply "prior conspiracy".The fourth is to identify imagination,adhere to the criteria for judging the number of crimes and not repeated evaluation standards,and adhere to the illegal—the criteria for judging the judgment.Fifth,accurate and subjective presumption.Helping the crime of helping the information network crime activity,which involves the awareness of the actor’s awareness,is to determine that the parties have the intention to help others "evade supervision or avoid investigations." In the absence of conspiracy,it should be limited to the application of upstream crimes and crimes,and expand the scope of recognition of the crime of helping information network crime activities.