Credit Card Cash Phenomenon Of Criminal Law Analysis

Credit card industry has an rapid development in China in recent years. However, all kinds of credit card faults incur, which have made serious effect on the financial order of China and caused concerns from relevant authorties. This Paper provides an overview of status of credit card crimes in China and then focuses on the current circumstances and forming reasons of Credit Card Cash-out, by the analysis of detailed data of relevant cases with the survey in Ningbo, Zhejiang Provience , as well as solution method of Credit Card Cash-out combined with the judicial practices. The Paper explores the shortages of current legal system on Credit Card Cash-out, raises a question on the judicial interpretation recently promulgated by the Supreme People's Procuratorate and the Supreme People's Court and then shows the author's solution.In Chapter 1 of this Paper, the author will make a detailed definition of Credit Card Cash-out, analyze the meaning and characters of Credit Card based on different areas and different fields and give a general introduction and background of such phenomenon. Also, the forming reasons of Credit Card Cash-out, like costs and gambling, are demonstrated in the Chapter. In Chapter 2, the author will analyze civil nature of Credit Card Cash-out and point out that such activity is a breach of the law. Also, a discussion of the advantages and disadvantages of solutions for Credit Card Cash-out in the field of civil law will be made in the Chapter. Chapter 3 is the main part of the Paper. In the Chapter, the author will analyze the criminal liability of Credit Card Cash-out, list the current situation of criminal legislation and simply give a record of actual settlements for such cases from different aspects with reference of relevant five real cases and consideration of bill-discount safety, which is similar to the cash-out . After that, the author will discuss the advantage and disadvantage of criminal limitation on Credit Card Cash-out and raise a problem on the definition of Credit Card Cash-out as the illegal business operation made by the Supreme People's Procuratorate and the Supreme People's Court, with the reason that Credit Card Cash-out does not match the essential factors of illegal business operation and such definition is overstep of their authority. In Chapter 4, the author will put forward the solution, which is to establish a completed legal system with combination of all kinds of resources. Besides the legislation in adminstrative field and inner supervision of the industry, a information collection system with chinese characters shall be established. Also, some improvements in criminal law are necessary, which include the formulation of new crime name like Crime of abusing credit card and Crime of breach of good faith and promulgation of new judicial interpretation and new sentencing standard. Such solutions will promote the healthy development of Credit card industry and be good for the improvement and advance of Chinese law.