支付机构挪用客户备付金犯罪问题研究

The Research on the Crime of Payment Institutions' Embezzling Clients' Provisions

支付机构违规挪用客户备付金造成资金链断裂,涉及人数多、金额大、范围广、社会危害大,其行为模式与《刑法》"背信运用受托财产罪"、"违法运用资金罪"罪状相符。但由于支付机构性质特殊、监管规定层级较低、犯罪意志和犯罪手段难以查明,无法定罪处罚。本文围绕支付机构挪用客户备付金的行为模式,分析适用背信类罪名处罚的难点,并提出了对策建议。

Payment institutions＇ embezzling clients＇ provisions will lead to the capital chain rupture, which involves a great number of people, a large amount of funds and a wide scope and serious social harm, in some degree, their behavior patterns conform to crime of the use of property against credit and crime of illegal use of funds described by＂criminal law＂. But because of the special nature of payment institutions, lower-level regulation, it is difficult to find out crime volition and means, and cannot ascertain the crime and corresponding punishment. Centered around the behavior patterns of payment institutions＇ embezzling clients＇ provisions, the paper analyzes the difficulty of crime punishment for breach of trust, and puts forward countermeasures and suggestions.