Criminal Law Characterization of"Two-Clearing"Mode Fourth-Party Payment and Settlement Acts
The"two-clearing"mode of the fourth-party payment platform engages in payment and settle-ment business without obtaining a payment license,and there are huge risks of deposited funds,fraud,money-laundering and system operation.In judicial practice,there are obvious differences in the conviction and sentence of such cases,which are mainly manifested in the confusion in the determination of complicity in upstream crimes,helping information network criminal activities,money laundering and illegal business operation crimes.There is possible imaginative competition between the crime of helping information network criminal activity and the complic-ity of the upstream crime,the crime of helping information network criminal activity and the crime of illegal busi-ness operation,while there is no imaginative competition between the crime of helping information network criminal activity and the crime of money laundering,neither between the crime of helping information network criminal activ-ity and the crime of money laundering.The"two clearing"mode platform,providing payment and settlement busi-ness for the gray and black industry,can be divided into undifferentiated service type,active operation type and the type for their own sake.Whether they constitute complicity in the predicate crime,illegal business crime,crime of helping information network or money laundering crime,it needs to be combined with the type and participation in the predicate crime of the specific analysis of the time node.
fourth-party payments"two-clearing"modeillegal business offensemoney laundering offensehelping offenders
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