Thinking Of The Cash Out Of Credit Card On The Criminal

Comparing with the traditional and model crimes of card, the cash out ofcard is a new type of crimes，which there is a kind of methods, and involve hugeamount of financial money. Though the behavior of cash out has threatened rapidlythe financial security, there is not a wise and uniform realization about itsharm and feature. To defend the daily worsen cash out and hold the loophole ofcriminal law about card, the Supreme people’s court and Supreme people’sprocuratorate legislate the explanation about managing the credit card on theconcrete application of law in the criminal case. The explanation regulate thecharge of cash out and doing with it. Although the explanation has made up theblank of criminal law about cash out, yet it has problem that should be corrected.Feature of market economy is not only economy of rule by law, but crediteconomy. Because society is lack with credit faith and there is the loopholeof law, the cash out has happened and become daily worse. Its harmful characternot only has threatened the order of finance, but has seriously made erosionfor the poor credit foundation of society. Not make penalty to cash out, notenough to protect the financial security and the order stable of society.The thesis includes four chapters. The first introduce briefly definition,ways and relation to law that interpret wholly about cash out. The seconddemonstrate that the behavior of cash out has harmfulness and illegality ofcriminal law, which need further discussion. The third analysis the reason andmeasures of protection of cash out, to explain that it fit the modesty of criminallaw, meanwhile fit to the foundation of society. The fourth analysis the latestexplanation, which regulation has violated the principle of offense penal codesettle, and has not benefit to blow the criminal of cards. By draw lesson fromthe foreign and combine our country’s fact, the thesis provide the suggestionto the legislation and justice.