Fingerprint bet365 games and face bet365 games are the products of the combination of biometric technology and mobile bet365 games technology，Face-swiping bet365 games with the advantage of “non-contact” has greater development potential，Favored by major financial institutions and third-party bet365 games platforms，Becomes another new bet365 games technology that has been widely promoted and used after QR code bet365 games。At the same time，A new generation of property infringement crimes that rely on facial recognition bet365 games technology to illegally obtain other people’s property have also arisen from this。Due to the lack of relevant laws, regulations and judicial interpretations，Judiciary agencies often come to different conclusions when characterizing this new type of crime of infringement of property，Among them，Most characterize it as theft，But there are many who characterize it as fraud or credit card fraud，Resulting in a lack of uniformity in judicial characterization。

一，The crime of property infringement through face-swiping bet365 games is essentially composed of illegally obtaining other people’s facial information and illegal face-swiping bet365 games。To unify judicial understanding，The "White Paper on Judicial Application of Internet Technology" (2019) issued by the Beijing Internet Court defines face recognition technology as follows: Face recognition technology refers to the detection and tracking of faces in images or video streams，A biometric identification technology based on a person’s facial feature information。Face bet365 games technology is the application of face recognition technology in the bet365 games field，Relying on this technology，People can quickly pay money through simple facial recognition。Facing the current various forms of financial infringement crimes using face-based payments，Scholars have classified it in many ways according to different standards，For example，Depending on the specific behavior，Some scholars divide the criminal behavior of facial recognition bet365 games into two categories: one is prosthetic attack，That is, the perpetrator uses AI face-changing technology、Production of high-definition 3D head model、Use other people’s photos for facial recognition to illegally obtain other people’s money；The first category is real face intrusion，That is, the perpetrator uses the secret、Directly scan other people’s faces in public or violent ways to illegally obtain other people’s money。The author thinks，Although there are various forms of financial infringement crimes using face bet365 games，But it actually consists of only two specific behaviors: one is the act of illegally obtaining other people’s facial information，That is, the perpetrator obtains facial information of others through illegal acts such as prosthetic attack or real face intrusion；The second is illegal facial recognition bet365 games behavior，That is, after the perpetrator illegally obtains other people’s facial information，The act of using other people’s facial information to make face-swiping payments to illegally obtain other people’s money。

　Second，The act of illegally obtaining other people’s facial information is actually the act of illegally obtaining other people’s credit card account numbers and passwords，Not a crime of infringement of property。Face bet365 games technology actually combines the complexity of traditional mobile bet365 games methods、The cumbersome act of entering account number and password has been simplified to be more efficient、Convenient face-swiping behavior，This greatly improves bet365 games efficiency。Therefore，The face-swiping behavior in the face-swiping bet365 games method is equivalent to the behavior of the payer entering his credit card account number and password，In the facial bet365 games method, the payer’s facial information is equivalent to the payer’s credit card account number and password。

Therefore，The act of illegally obtaining other people’s facial information in the crime of property infringement through facial recognition bet365 games is actually the act of illegally obtaining other people’s credit card account numbers and passwords。The act of simply illegally obtaining other people’s credit card account numbers and passwords，No actual infringement of other people’s property rights，Should not be evaluated as a crime of financial infringement。On the one hand，Credit card account number and password themselves have no actual economic value。The credit card account number and password are just a pair of numbers，It is different from money and items with actual use value or economic value，Not a type of "property" that is the object of property crimes，Therefore，Simply illegally obtaining other people’s credit card account numbers and passwords cannot cause direct and substantial infringement of other people’s property rights。On the other hand，Obtaining someone else’s credit card account number and password through illegal means does not mean that the deposits stored in the credit card have been illegally obtained。The provisions of Article 10 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases" (1997) can confirm this: Judicial determination of the amount of theft for the act of "stealing credit cards and using them"，Cannot use the amount of other people’s deposits in the stolen credit card as the standard，The standard should be the amount of deposits of others actually used by the perpetrator after stealing the credit card。Obviously，This judicial interpretation holds that，Illegal acquisition of credit card or credit card account number and password，It does not mean that the perpetrator has also illegally obtained the deposits in the credit card，Whether the deposit in the card was illegally obtained and the amount，It needs to be determined based on whether the perpetrator has subsequently committed specific financial crimes and the relevant circumstances。

　Third，Illegal face-swiping bet365 games is the essential behavior of face-swiping bet365 games and property infringement crime，Essentially, it is the act of “pretending to use other people’s credit cards” in credit card fraud。Undeniable，There are indeed certain differences in the legal attributes of the issuer between third-party bet365 games and credit card bet365 games，But the two are consistent in terms of specific functions and usage，There is no difference in essential attributes。In addition，The reason why relevant financial laws and regulations classify third-party bet365 games platforms as non-financial institutions，More out of consideration for maintaining the management order of my country’s financial market，The criminal law focuses on adjusting the criminal behavior itself，This cannot be used to determine different crimes for two crimes of the same nature，This will violate the basic principles of criminal law。Therefore，Treat third-party bet365 games methods as a type of credit card bet365 games method，On the one hand, it is more in line with the contemporary development characteristics of credit cards，On the other hand, it is more in line with the basic principles of criminal law，At the same time, it is also more conducive to the unified characterization of various new types of property infringement crimes by judicial organs。

At the same time，Whether it is through the third-party bet365 games software or the facial recognition bet365 games method through the mobile banking App，Essentially the same as traditional mobile bet365 games methods，It is still a "cardless" credit card bet365 games method。Therefore，Through third-party bet365 games software、Various face-swiping bet365 games behaviors on mobile banking apps or other face-swiping bet365 games devices，In essence, it is still a credit card bet365 games behavior。

Therefore，Illegal face-swiping bet365 games behavior in the crime of property infringement，Should be evaluated as the act of “pretending to use other people’s credit cards” in credit card fraud。As the essential behavior of facial recognition bet365 games and property infringement crime，The nature of illegal face-swiping bet365 games behavior directly determines the nature of the crime of property infringement through face-swiping bet365 games，That’s why，Defining the crime of financial infringement through facial recognition bet365 games as credit card fraud，Reasonable。

　Fourth，Robbery-type face-swiping bet365 games and property infringement crime is robbery。The crime of theft with the ownership of public and private property as a single object、Fraud and other crimes are different，The crime of robbery still takes citizens’ personal rights as the object of the crime，A crime that violates complex objects。In view of the fact that the statutory penalty set by the criminal law for robbery is more severe than that of credit card fraud，Based on the principle of punishment for implicated offenders，The behavior of robbing and fraudulently using other people’s credit cards is generally characterized as robbery。Accordingly，By using violence、Coercion or other methods to forcefully control the victim to make bet365 games using face recognition to obtain the victim’s property should be classified as robbery。

In summary，The crime of property infringement through face-swiping bet365 games is essentially a composite behavior composed of illegally obtaining other people’s facial information and illegal face-swiping bet365 games。Among them，The act of illegally obtaining other people’s facial information is essentially the act of illegally obtaining other people’s credit card account numbers and passwords，Not a crime of infringement of property；The illegal face-swiping bet365 games behavior is the essential behavior of the crime of property infringement through face-swiping bet365 games，It is the act of "pretending to use other people's credit cards" in credit card fraud。Therefore，Generally, the crime of financial infringement through facial recognition bet365 games should be classified as credit card fraud，However, robbery-type face-swiping bet365 games is a crime of property infringement because it simultaneously infringes on the property rights and personal rights of others，Based on the principle of punishment for implicated offenders，It should be characterized as robbery。

　(Author’s unit: School of Criminal bet365 games, East China University of Political Science and bet365 games)