Face Payment of Crime Crime Crime Criminal Activity
April 06, 2022 08:50 Source: "China Social Sciences" April 6, 2022 Total 2381 Author: Yao Jingjun

Fingerprint payment and face -brushing is a product of combining biometric technology and mobile payment technology,Face -to -face payment with the advantage of "non -contact" is due to more development potential,Like the major financial institutions and third -party payment platforms,Another new payment technology that has been widely promoted and used after QR code payment。and at the same time,Various types of criminal criminal behavior of illegal acquisition of other people's property relying on face -brushing technology also breeds。Due to the absence of relevant laws and regulations and judicial interpretation,Judicial organs often conclude that they often have different conclusions when they are qualitatively qualitatively invaded in this type of new types of wealth invasion,Where,Most of them are characterized by theft as theft,But there is no shortage of characteristics as fraud or credit card fraud,Leading the lack of unity of judicialness。

One,Crime behavior of brushing face payment invasion is essentially composed of illegal acquisition of other people's face information behavior and illegal face -brushing.。To unified judicial understanding,The "Internet Technology Judicial Application White Paper" (2019) released by the Beijing Internet Court made the following definition of face recognition technology: Face recognition technology refers,A biometric technology for identity recognition based on human Bet365 app download facial feature information。Face -brushing payment technology is the application of face recognition technology in the payment field,Relying on this technology,People can quickly complete the payment of money through simple face recognition。Facing the current form of different face brushing and payment of criminal behavior,Scholars have classified them in accordance with different standards,For example,Different from the specific behavior method,Some scholars divide the criminal behavior of brushing their faces to pay for wealth: one is a prosthetic attack,That is, the actor uses AI face change technology、Make a HD 3D head model、Use photos of others to brush face recognition to obtain money illegally; one is a real face violation,That is, the actor uses secrets、Public or violence to directly scan the face of others to obtain money illegally。I think,The expression of the criminal behavior of brushing the face and payment of wealth invading wealth,But it is composed of only two specific behaviors: First, illegally obtains the face information behavior of others,That is, the actor obtains the facial information of other people's facial information through illegal acts such as attacking or real face violations;,that is, the actor after illegally obtaining the face information of others,Use the face information of others to brush the face to pay for the illegal acquisition of others。

Its two,illegal acquisition of other people's face information behavior is really illegal acquisition of other people's credit card accounts and passwords,Not belonging to a crime of wealth。Face -brushing payment technology is actually complex in traditional bet365 live casino games mobile payment methods、The cumbersome input account and password behavior are simplified to more efficient、Convenient face brushing behavior,and then greatly improved payment efficiency。Therefore,The face -brushing behavior in the face -brushing method is equivalent to the behavior of the payer entered the credit card account and password,The facial information of the payer in the face payment method is equivalent to the account number and password of the payer's credit card。

So,illegal acquisition of other people's facial information behavior in the criminal behavior of brushing face and payment of wealth is actually illegal obtaining the behavior of other people's credit card accounts and passwords。and simply illegally obtain the behavior of other people's credit card accounts and passwords,It has not actually infringed on the property rights and interests of others,It should not be rated as criminal behavior of wealth。On the one hand,Credit card account and password itself does not have actual economic value。Credit card accounts and passwords are just a pair of digital combinations,It is different from the money and items with actual use value or economic value,Not the object of criminal behavior of wealth -"property",Therefore,The behavior that simply illegally obtains the credit card account and password of others cannot cause direct substantial sexual assault on the property rights and interests of others。On the other hand,Obtaining the credit card account and password of others through illegal means does not mean that it has illegally obtained the deposit stored in the credit card。"Interpretation of Several Issues on Specific Application Laws of the theft of theft" (1997) Bet365 app download The provisions of Article 10 may confirm this: the judicial identification of the amount of theft of the "theft credit card and use" behavior,The deposit amount of others in the card in the stolen credit card is the standard,Instead, the amount of other people's deposits actually used after the actor theft of the credit card is the standard。Obviously,The judicial interpretation believes,illegal acquisition of credit card or credit card account number and password,does not mean that the perpetrator also realizes illegal acquisition of deposits in the credit card,2808_2828,Determination of specific crimes and related situations according to whether the actor will be implemented after the actor.。

Its three,illegal face -brushing payment is the essential behavior of criminal behavior of brushing face payment.,In essence, it belongs to the behavior of "using others' credit cards" in credit card fraud。It is undeniable,Third -party payment and credit card payment do have certain differences in the legal attributes of the issuance subject,But the two have consistency both in terms of specific functions and usage methods,There is no difference in essential attributes。other,Related financial laws and regulations attribute third -party payment platforms as non -financial institutions,More for the consideration of maintaining the order of my country's financial market management,Emphasis on adjusting the criminal law itself,Can't make different crimes of criminal crimes with the same nature according to this,This will have the basic principles of violation of the criminal law。So,Third -party payment Bet365 lotto review method is regarded as a kind of credit card payment method,On the one hand, it is more in line with the contemporary development characteristics of the credit card,On the other hand, it is more in line with the basic principles of criminal law,At the same time, it is more conducive to realizing the uniformity of judicial organs on the current types of new types of new types of money invasion。

At the same time,Whether it is through a third -party payment software or a face -to -face payment method made by the mobile banking APP,It is essentially the same as the traditional mobile payment method,A kind of credit card payment method that still belongs to the "cardless" credit card。So,Pay software through third -party payment、Various types of face payment behavior performed by mobile banking app or other face -brushing equipment,It is still a credit card payment behavior in essence。

So,illegal brushing face payment behavior in criminal behavior of brushing face payment,It should be rated as a behavior of "using others' credit cards" in credit card fraud。The essential behavior of the criminal behavior of paying for wealth is brushed.,The nature of illegal face -brushing payment behavior directly determines the nature of the criminal behavior of brushing the face,That's why,Criminal behavior of brushing the face payment of wealth invading money is characterized as a credit card fraud,Reasonable。

Four,Robbery -shaped face -brushing payment Criminal behavior is robbery。Crime with the ownership of public and private property as a single object、Different crimes of fraud,The crime of robbery still takes the personal rights of citizens as the criminal object,A crime that is bet365 best casino games infringing complex objects。In view of the configuration of the criminal law, the legal punishment is heavier than the crime of credit card fraud,According to the principle of implication of punishment,The behavior of robbing and using other people's credit cards is generally qualitative with robbery.。Correspondingly,By using violence、Coercion or other methods forcibly control the victim's face -to -face payment to obtain the victim's property as a robbery。

To sum up,Crime behavior of brushing face payment of wealth invasion is essentially a composite behavior composed of illegal acquisition of other people's face information behavior and illegal face -brushing payment behavior。Where,illegal acquisition of other people's facial information behavior is essentially illegal acquisition of other people's credit card accounts and passwords,It is not a criminal act of invasion of wealth; instead of illegal face -to -face payment behavior is the essential behavior of brushing the face of a criminal crime,It belongs to the behavior of "using others' credit cards" in credit card fraud。So,Generally, the criminal behavior of brushing the face should be characterized as a credit card fraud,But the robbery -shaped face -to -face payment of money invading the criminal behavior of the property and personal rights and interests of others at the same time,According to the principle of implication of punishment,It should be characterized as robbery behavior。

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