On The Legal Regulation Of The Behavior Of Credit Card Cashing Out

Since the Zhuhai branch of the bank of China issued the first credit card, the co-brand card in1985in China, the credit card has26years history in our country. The scale and scope of credit card market is developing rapidly today, so it has become the main non-cash payment tool in the residents'daily life, and our country has become the most potential market of the credit card in the world. Since the correlative laws and regulations of credit card are insufficient, many problems appear along with the rapid development of the credit card market. Among these problems, the behavior of credit card cashing out has growing proliferation, which not only damages the legitimate interests of all parties in credit card transactions, but also affects the stability of our country's financial order in a certain extent. Therefore, it is very significant to study on our country's legal regulation of the behavior of credit card cashing out.The article includes the introduction, body and conclusion. The main contents of the body part are from Chapter II to Chapter V.The second chapter describes meaning of the credit card and related connotation with credit card cashing out, analyzes the specific way of credit card cashing out, and summarizes all kinds of harm caused by credit card cashing out. This paper discloses that cashing out has a variety of formats at present. Some of them have concealment extremely in our country. The reasons of the phenomenon are very complex, some internal reasons are from the system level, and some are external which are from market level and so on. Credit card cashing out is not only against the provisions of the cash management system of our country, but also enlarged credit risk of banks.The third chapter introduced the existing legal regulation of the credit card cashing out in our country, points out some problems and defects, and makes a detailed and thorough analysis on them.The fourth chapter takes the United States for example, analyzes its related perfect law regulation of credit card cashing out, and summarizes what we should learn from experience. This paper discloses that just because of the complete legal system, sound personal credit system and evaluation mechanism in United States, the risk of credit cards gets better control. Therefore, it has outstanding meaning to learn from advanced foreign experience for regulation credit card cashing out, prevention of entire credit card risk and its risk management. The fifth chapter bring up advises of legal regulations in perfecting our country's credit card cashing out. In my opinion, we should make clear legal nature of credit card cashing out first, and then make related regulation from the view of perfect legislative system, cardholders and cash intermediary respectively.