| Internet finance is an emerging field that combines the traditional financial industry with the Internet.With the development of the Internet economy,financial innovative businesses such as third-party payment and online credit have also flourished.‘Huabei’ is a consumer credit product launched by Alipay,the introduction of ‘Huabei’ has promoted consumption to a certain extent,but it has also led to crime.One of the most common criminal behaviors in the field of third-party payment is the act of using others’ ‘Huabei’ to infringe on property,Due to the frequent nature of this crime and the novelty of criminal means,it is urgent to carry out a reasonable criminal characterization of the act.The article introduces three cases of fraudulent use of others’ ‘Huabei’ to invade wealth,it is concluded that there are differences in the criminal law nature of fraudulent use of other people’s ‘Huabei’ to infringe on property between theft and fraud crimes in judicial practice.However,whether the machine can be cheated,the identification of the victim,whether ‘Huabei’ belongs to the credit card,and whether ‘Huabei’ service provider belongs to the financial institution are the four key issues that lead to qualitative differences in the criminal law.The article sorts out cases,it is proposed that the criminal law nature of the act of using others’ ‘Huabei’ to infringe on property should distinguish whether users have opened ‘Huabei’.The qualitative difference in the behavior of illegally using someone else’s opened ‘Huabei’ to invade property lies in the fact that it constitutes a crime of theft or fraud.The essence is to clarify the issue of how to distinguish between theft and fraud in the crime of online property infringement.The article concludes through analysis that the standard for distinguishing between the two crimes is whether there is a disciplinary action.There is a disciplinary action in the act of illegally using someone else’s opened ‘Huabei’ to infringe on property,which should be characterized as a crime of fraud."The qualitative difference between using someone else’s unopened ‘Huabei’ to infringe on property rights is that it constitutes a crime of fraud or other crimes of fraud.The article compares and analyzes the constituent elements of a crime,it is concluded that using someone else’s unopened ‘Huabei’ to infringe on the property rights of the ‘Huabei’service provider and the national contract management system,which belongs to the act of signing a contract in the name of someone else,and should be characterized as a crime of contract fraud. |
