电子支付犯罪相关问题研究

Research on Related Issues of Electronic Payment Crimes

电子支付平台往往扮演着第三方支付的角色,其在一定程度上突破了网络购物中电子支付安全问题和信用问题的双重制约,极大推动了网络购物的发展。但是,在这种强劲发展势头的背后却是法律的真空与监管的缺位,以至于电子支付的未来发展承担着巨大的法律风险与政策风险,而与之相随的必然是一种全新的犯罪。构建起全新的打击和预防电子支付犯罪的框架,可指导有关侦查工作,使电子支付活动得以在这种框架内得到有效的保护,同时使之获得有序、健康、持久的发展。

Since the electronic payment platforms have been functioned as the third parties in online trading, to a certain extent, it breaks through the double restriction of electronic payment security and credit problems, which greatly promotes the development of online shopping. As a matter of fact, this developing trend is now responding to a vacuum in law and poor supervision. Consequently, the electronic payment platforms are confronted with gross risks in laws as well as in policies, which definitely generates another type of crime. The concept, trait, reasons, and solutions to this new electronic crime are elaborated in my paper. The online tradings will be entirely protected by implementing a new striking method, adopting precautionary measures and practicing the effectiveness of investigations, so as to create a favorable climate for an orderly,sound, and steady development of online trading.