On Legal Regulation Concerning The Cash Credit Card Fraud Of The Third-party Payment Platform

Cash credit card fraud refers to the behavior that the credit card holders get cashwith normal legal procedures. In this process, the holders break the agreement whichthey assigned with the issuing bank, The holders, without paying the bank fees, whotake other means, and put the overdraft facility of the credit card into converted intocash, With the popularity of online payment in China and the rapid development ofthe bankcard industry, the use of credit card appears more and more problems.Behavior of third-party payment platform for credit card cash are growing, whichposes a great threat to the interests of the banks in China, also brought problems to theeffective regulation of the financial system.At present, the legal nature of Cash credit card fraud is not clear, and the legalregulation measures for it are not perfect. Besides, some legal regulation measures aredifficult to get effectively implemented because of low legislative level, lowfeasibility, low operation and other reasons. The United States and other developedcountries have a perfect legal system, a sound social credit system, as well asadvanced experience in legal regulation of bank card, and they make detailedprovisions on credit card transactions and risk preventions in the form of written law.Those give us many comprehensive reference materials in the healthy development ofcredit card industry.This article explores the achievements of legal regulation measures of the moredeveloped countries, and combined with the current problems of legal regulation onChina’s cash credit card fraud,I make perfect conceptions of legal regulations. In thisarticle, I analysis the theories of legal regulation of cash credit card fraud fully, andmethod of comparative analysis, system analysis are used in this article.In addition to the introduction and conclusion, this paper is divided into thefollowing four parts:The first part, general theories of legal regulation measures of cash credit cardfraud under the third-party payment platform. In this section, I introduces basicconcepts and theories firstly, and this leads to legal risks of cash credit card fraud; andthen discusses the legal relationship between the relevant subjects in the process of cash credit card fraud in detail, and finally discusses the economic law basis inaccordance with the cash credit card fraud, and put forward the necessity andfeasibility of the legal regulations.The second part, the investigations and references of legal regulations of theoverseas countries and regions of cash credit card fraud. This section discusses thebasic legal norms and risk responses of credit cards of the United States, South Koreaand Taiwan. Combined with specific experience of those countries, I sum up someexperience for the building of legal system of cash credit card fraud in our country.The third part, the current situations and problems of legal regulations of the cashcredit card fraud of the third-party payment platform. In this section, I introduce theexisting legislations of cash credit card fraud under the third-party payment platform,and summarize the problems and the reasons for the present of legal regulations.The fourth part, perfection of legal regulations of the cash credit card fraud of thethird-party payment platform. In this section, I think we should perfect the legalregulations of cash credit card fraud of the third-party payment platform. Andlegislative level should be improved, legal characterization should be defined,responsibility system should be improved, and credit reporting system should be built.