Criminal Law Regulation Of Illegal Fourth-Party Payments

In recent years,along with the rapid development of the mobile Internet,new mobile payment models and new business models have emerged,integrating various payment channels with technical means to expand third-party payment services,eventually forming a fourth-party payment,which can also be called "aggregated payment" or "fusion payment The "convergence payment".Illegal fourth-party payments provide illegal payment and settlement services for the main purpose of illegal criminal acts,to undertake,integration of various third-party payment platforms,banks and other service providers of payment services interface as a means,with low cost and lucrative returns,crime professional characteristics,high level of intelligence,hidden,and black and gray industry has a companion,the crime involves a huge amount of money and other characteristics.The main mode of operation gradually evolves from the traditional payment account model to the"running score platform" + virtual currency operation model,false transaction model and many other different models.Illegal fourth-party payments not only seriously undermine the national economic management order and pose a threat to financial data security,but also seriously infringe on citizens’ personal information,posing a great threat to their personal and property safety,and undermine the social integrity system,giving rise to a series of network black and gray industries,and degenerating into a new type of money laundering crime tool.Through a network search on relevant websites,crimes involving illegal fourth-party payments are currently regulated mainly through the crimes of assisting criminal activities in information networks,illegal business operations,infringement of citizens’ personal information and common crimes related to predicate crimes.In the process of criminal law regulation,there are problems regarding the judicial determination and punishment of illegal fourth-party payment behaviors in terms of the characterization of new behaviors,subjective presumptions of perpetrators,the adjudication of class cases in legal practice,the application of money laundering crimes,the boundaries of exercise of authority,monitoring and early warning.The deficiencies in judicial determination and punishment map out the deficiencies in legislation.The main manifestations are that there are still gaps in the formulation of standards,unclear technical requirements,too principled regulatory content,not strong operability,and insufficient relevant antecedent legislation.To address the above shortcomings,we should start from two aspects: updating the thinking of conviction and the normative judicial activities of the highest judicial authority.In this paper,the process of judging the fourth-party payment crime is based on the identity of the perpetrator,subjective mentality,behavior and other factors.First of all,we should judge the relationship between the perpetrator and the platform,distinguish between the participant and the operation manager,convict the participant for the crime of helping the letter,and continue to judge whether the manager is established as a joint crime,and if it is established as a joint crime,then determine whether it constitutes the crime of concealing and concealing the proceeds of crime,and then judge whether the crime of helping the letter needs to be underwritten,and finally judge the possible establishment of other crimes.In terms of legislation,according to the characteristics of fourth-party payment and the status of China’s legislation,we propose to improve the relevant predicate law,increase the anti-money laundering regulation of illegal fourth-party payment,increase the content of the regulation of illegal use of citizens’ personal information,clarify the types of aiding and abetting in the sub-articles,strengthen the industry self-management and actively cooperate with the regulatory authorities.