第三方支付平台下转移财产行为的定性

The Qualitative Analysis of Property Transfer under Third-Party Payment Platform

摘要: 随着新型支付方式多样化，第三方支付平台内的侵财行为愈演愈烈。目前主要有诈骗说、信用卡诈骗说以及盗窃说三种观点。第三方支付平台作为用户和银行之间周转资金的机构，虽具有金融机构相关的功能，但其性质仍属于非金融机构。其次，用户将银行卡绑定在第三方支付平台，用户与平台之间基于保管合同，平台只是用户与银行之间的中间机构，对钱款没有处分权限，只有用户发出相关指令，平台才能进行相关操作。银行与用户之间基于存款合同，银行对用户的存款享有所有权，用户享有的是存款债权。本文主要通过研究第三方支付平台的运作模式，推导出第三方支付平台不能成为诈骗罪的对象。同时，通过对犯罪行为的研究，判断出其符合盗窃罪的构成要件，进一步对网络侵财行为进行准确定性。

Abstract: With the diversification of new payment methods, the behavior of encroachment on money in third-party payment platforms is becoming more and more serious. At present, there are three kinds of views about this kind of crime: fraud, credit card fraud and theft. As an institution that connects with banks and transfers funds between users and banks, the third-party payment platform has many functions identical with financial institutions, but it still belongs to non-financial institutions in legal nature according to relevant regulations. Secondly, the user binds the bank card to the third-party payment platform, and the relationship between the user and the platform is based on the custody contract. The platform is only an intermediary between the user and the bank, and has no right to dispose of the money. Based on the deposit contract between the bank and the user, the bank has the ownership of the user’s deposit, and the user has the creditor’s right to the deposit. This paper focuses on analyzing the qualitative disputes of theft and fraud in the behavior of stealing money under the third-party payment platform. This paper studies the operation mode of the third-party payment platform, and deduces that the third-party payment platform does not have the qualification to be cheated, and does not have the authority to dispose of property, so it cannot become the object of fraud. At the same time, through the study of the criminal behavior, it is judged that it conforms to the constitutive elements of theft, so as to further conduct an accurate qualitative analysis of the behavior of stealing money online.