For the payee, this windfall belongs to unjust enrichment. According to Article 92 of the General Principles of the Civil Law, if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits obtained shall be returned to the person who suffered losses.
If the WeChat transfer is found to be wrong, the victim should contact the other party in time, explain the situation and ask the other party to return it. The other party has the obligation to return it. If the other party refuses to return it, the victim may sue the other party for unjust enrichment.
According to the reporter's investigation, after some netizens reported to the police, the local police did not have a unified approach to handling such cases. In March of this year, Wuhan citizen WeChat turned the wrong 500 yuan money alarm, and the police did not file a case; In April this year, a woman in Suqian City, Jiangsu Province mistakenly transferred 2,000 yuan. The police found the payee through investigation and visit, and coordinated the return.
Case: Mr. Huang, who works in Zhongshan City, Guangdong Province, transferred money to his cousin named "Broad Sky" on the WeChat platform on May 2. However, Mr. Huang turned to the wrong person by mistake. This "vast sky" is not another "vast sky". He turned more than 80,000 in one turn.
Unable to solve it privately, Mr. Huang first tried to ask Tencent customer service for help. I communicated with customer service again and again through telephone voice and messages, but many replies were: the money has been successfully transferred into the other party's change, and it cannot be withdrawn after the money is paid successfully. You can contact a friend to negotiate a return.
Unable to communicate with strangers, Mr. Huang had to ask the public security department for help. On May 15, Mr. Huang reported the case to the Lian 'an Police Station in Xiaolan Town, Zhongshan City, where he lived. However, the police rejected Mr. Huang on the grounds that "I don't know the real name and account information of the other party, which does not constitute the conditions for filing a case" and suggested that he find a court.
Mr. Huang, who turned to the court, still ran into a wall. The staff of the Second People's Court of Zhongshan City said that it is necessary to know the true identity information of the other party before accepting it. "I went to all the places where I should go." Mr. Huang, who has hit the wall many times, said helplessly.
The payee is suspected of illegal possession, so is there any fault in Mr. Huang's "hand slip"? Lu, a lawyer of Guangdong Guangxin Junda Law Firm, said that during the transfer process, Mr. Huang received a large number of transfer verification requests from the platform-a prompt containing the identity information of the other party. Only by entering a password or fingerprint payment can he continue the transaction.
Based on his own wrong judgment, Mr. Huang completed the transfer process through active fingerprint payment, which violated the common sense that ordinary people should verify the identity of the other party when transferring money, so Mr. Huang was at fault.
Regarding Tencent Customer Service's refusal to disclose the real information of the other party to Mr. Huang, the lawyer believes that Tencent Customer Service has the responsibility to protect users' privacy.
Extended data
The Notice of the People's Bank of China on Strengthening the Management of Payment and Settlement to Prevent New Crimes in Telecommunication Networks issued in June 20 16 stipulates that the money transferred by ATM will reach the other party's account 24 hours later.
Lu suggested that the payment platform can refer to the account classification policy issued by the central bank, establish a transfer delay mechanism, and strengthen the protection of the active actors in the transfer behavior.
"At present, the transfer-to-account mechanism of WeChat is optional. By default, the user selects the payee to arrive at the account in real time. If it is necessary to delay the payment, they need to choose for themselves. This method is difficult to completely avoid risks. "
Lu said that there is a big difference between the default real-time arrival and the default delayed arrival in actual operation. The mechanism of default real-time arrival within a certain limit and delayed arrival beyond the limit can be adopted to give users a better guarantee mechanism.
Huang, a technician of a security research center, suggested that when users transfer more than a certain amount on the mobile payment platform, the platform should force users to enter identity confirmation information, such as manually entering the payee's "last name" or filling in the payee's name, so as to further protect the user's financial security.
References:
Xinhuanet-WeChat transfer can only be identified by the wrong person? What's the price of "hand skating"