Regulation Of Criminal Law Towards Network Cash-out

Credit card cash-out has come along with the development of China’s credit cardindustry, credit card cash-out is not only harmful to the interests of the commercialbanks, but aslo is to disrupt the country’s financial order, to the lawful rights andinterests of cardholders which can be detrimental effects. Has attracted the attentionof relevant departments credit card cash-out, the Ministry of Public Security launchedto crack down on credit assets as the goal of the special action in2012. In the judicialpractice, for credit card cash-out behavior, is usually on the basis of two high judicialinterpretation of cardholders and merchants to credit card fraud and the crime ofillegal business operation process. Although the The Supreme People’s Court of thePeople’s Republic of China and The Supreme People’s procuratorate of the People’sRepublic interpretation provides a clear basis for action against the credit card, butthis method still has a lot of controversy in the theoretical circles. Today, credit cardcash-out means constant renovation, which is a new way of network cash-out isbooming. In the face of this new mode of criminal law the realization of how toregulate? Can Judicial interpretation of The Supreme People’s Court of the People’sRepublic of China and The Supreme People’s procuratorate of the People’s Republicinterpretation also be used against cyber cash-out? This paper is to study the problem,this paper starts from the introduction of network phenomenon cash-out, cash-outflaw focuses on analysis of network behavior of hazard and causes as well as ourcurrent criminal law regulation of network behaviors and shortcomings, and strive tomake relatively systematic elaboration to criminal regulation network of cash-out.The thesis is divided into four parts: the first part is an overview of networkcash-out behaviors, firstly elaborated the concept of credit card and network cash-out,and defined according to the theme of this paper refers to the credit card, and thenwill be divided into three situations of network cash-out, and makes a concreteanalysis of each kind of network cash-out process. The second part is the cause anddamage analysis of network cash-out. Analysis of the first network cash-out harm action from every angle, mainly from the cardholder, commercial bank, adverseeffects of the third party payment platform and the national financial order and socialstability analysis of network behaviors; causes and further explore the network action,make the network behaviors spread several reasons. The third part is the main part ofthe criminal regulation network cash-out. First introduced the provisions of domesticand foreign related legislation, based on the analysis of China’s criminal lawapplicable network action dilemma; the fourth part is the path of preventing networkaction, should first improve network cash-out in the external environment, the authorputs forward suggestions on Perfection of criminal regulation network cash-out afterthe second in a variety of scholarly analysis point of view.