The Identified Of The Crime Of Illegal Business Operation By POS Machine And The Preventive Measures Of This Crime

With the growing of the Chinese economy, the use of credit cards also bring a lot of convenience to people's lives, especially in consumption and taking cash. But this convenience is also create some opportunities to people to commit a crime by using credit card. Furthermore, the regulation which can prevent credit card crime is imperfect in China, this kind of situation make the crime intensifiedly.In recent years, the crime of illegal business operation by POS machine gradually increased, it always involves a large amount of money, and impedes the order of credit card management, and endangers bank's interests. Overall, the service of cash out by using credit card help the development of this crime .Firstly, this article analysed the present situation of crime of illegal business operations by using POS machine, including the fact that domestic and overseas situation and Current Legislation. On the one hand, crime of illegal business operations by using POS machine has threaded the global credit card market, but the oversea situation is better than which on domestic, because cash out by POS machine has showed a trend of legitimize; On the other hand, the regulations to prevent crime in foreign countries are better than China, and China only use the sector regulations to prevent crime of illegal business operations by using POS machine in a long term. which reflects the power to prevent crime and the disadvantage of this crime is unbalanced. This paper further uses the law which legislated by the Supreme People's Court and the Supreme People's Procuratorate in December 2009, and mainly analyse the retroactive effect of this law. Secondly, this paper based on the judicial practice analyse the constitution and character of this crime, and separate the difference between this crime and the crime of money laundering, the crime of fraud on credit card, to identify this crime more correctly.Finally, this paper further analysed the reason why the crime of illegal business operations by using POS machinethe developed such fast. The author think one is "low investment, high return" , another is the fact that China monetary and fiscal policy. Based on these reasons which mentioned in the context and the inspire of the U.S. credit card legislation, the author raised some preventive measure to deal with the crime of illegal business operations by using POS machine.