Criminal Law Characterization of Property Infringement Involving Third-Party Payment Platforms
This paper aims to discuss the criminal law evaluation of a series of financial abuses in the background of the rise of third-party payment platforms. In the first part of this paper, the concept of the third-party payment platform and the financial abuse related to the third-party payment platform and its characteristics are introduced. Then, the second part discusses the disputes concerning the criminal law evaluation of financial abuse involving the third-party payment platform, including the causes of the qualitative disputes and the premise of the settlement of the qualitative disputes. The causes of the qualitative dispute mainly include the identification of the legal status of the third-party payment platform, the identification of the legal nature of the funds in the account, and the dispute over theft and fraud. The premise of resolving qualitative disputes includes the identification of the legal status of the third-party payment platform, the legal nature of the funds in the account, and the boundary between theft and fraud. Finally, this paper analyzes the qualitative problems of financial abuse related to thirdparty payment platforms, proposes that the qualitative problems should be based on behavioral means and property attributes, and pays attention to the problems of one crime and several crimes.
Authors
- Zhang Ka
- Zou Zehui
Institutions
- Shanghai University of Political Science and Law (CN)
Publication Details
- Journal
- Advance in Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.35534/al.0702017
- Primary Topic
- Digital Transformation in Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00