电商经济视域下网络支付结算帮助行为的刑法适用探析

An Exploration of the Application of Criminal Law to Assistance Behaviors in Online Payment Settlements under the Perspective of E-Commerce Economy

摘要: 随着电商经济和信息网络的快速发展，网络犯罪经常借助电商支付结算环节实施，比如利用电商虚假交易、出租电商绑定的支付账户等行为。支付结算既是电商交易的核心环节，也是网络犯罪产业链的关键节点，这一环节的刑事责任认定在实际司法工作中面临很多困难。基于此，本文围绕理论界与实务界的既有研究成果，重点探讨帮助信息网络犯罪活动罪(简称“帮信罪”)与掩饰、隐瞒犯罪所得罪(简称“掩隐罪”)在电商支付结算帮助行为中的界限。研究从电商里最常见的行为类型切入，系统分析支付结算帮助行为的多元化样态，逐层厘清“明知”要件的司法认定标准及“情节严重”的实质判断规则，最终构建以法益侵害本质特征与因果关系理论为基础的责任区分路径，以期为涉及电商的司法实践提供可操作性的理论参照。

Abstract: With the rapid development of the e-commerce economy and information network, cybercrimes are often carried out with the help of e-commerce payment and settlement links, such as using e-commerce to make false transactions and renting payment accounts bound to e-commerce. Payment and settlement are not only the core link of e-commerce transactions, but also a key node in the cybercrime industry chain, and the determination of criminal liability in this link faces many difficulties in actual judicial work. Based on this, this paper focuses on the boundaries between the crime of aiding information network criminal activities (hereinafter referred to as the crime of aiding and abetting information) and the crime of concealing and concealing criminal proceeds (hereinafter referred to as the crime of concealment) in the behavior of helping e-commerce payment and settlement, focusing on the existing research results in the theoretical and practical circles. Starting from the most common types of behaviors in e-commerce, this study systematically analyzes the diversified patterns of payment and settlement assistance behaviors, clarifies the judicial determination criteria of the “knowing” element and the substantive judgment rules of “serious circumstances” layer by layer, and finally constructs a responsibility differentiation path based on the essential characteristics of legal interest infringement and the theory of causality, in order to provide an operable theoretical reference for judicial practice involving e-commerce.