The dispute over the qualitative of fraudulently using Huabei:The problem,the essence and the explanation
The challenges of criminal offense governance in the field of Internet finance show a negative point-side effect.Around the behavioral characterization of fraudulent use of Huabei,there are at least analytical difficulties in the positio-ning of the legal attributes of Huabei,whether the machine can be cheated,and how the machine can be cheated.First,for the legal attributes of Huabei,the flaw in the research argument is the lack of objective interpretation position.Ac-cording to the objective interpretation position,the"other"in"other financial institutions"means financial institutions other than commercial banks that can issue credit cards,and Huabei is a credit card in the sense of criminal law.Sec-ond,whether the machine can be cheated.The shackle of the understanding that machines do not have self-awareness does not mean that they cannot be cheated,but only solidifies the old concept of"dualistic epistemology"of human-ma-chine relationship,and the position that machines cannot be cheated should be discarded.Third,about how the machine is cheated.The introduction of the theory of predetermined consent when exploring artificial intelligence as a fraud object has become a consensus in the academic community.However,the current state of the theory is too simple,which not only explains the source of the machine's disposition consciousness,but also explains the integration of human-machine relations.In the qualitative analysis of fraudulent use of Huabei,the key feature is the integrated relationship between hu-mans and machines.The machine is the electronic agent of the natural person,and what the person rejects is what the machine rejects.Third-party payment is caught in a misperception of the identity elements of the impersonator,which in turn leads to damage to the victim's property.The fraudulent use of Huabei should be characterized as credit card fraud.
fraudulent use of Huabeicredit cardshuman-machine integrationelectronic agentsfalse identity
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