Legal Analysis On The Behavior Of Credit Card Cashing Out

Credit card is a new type of payment instead of cash, its purpose is to facilitate people’s life. However, with the development of economy, the behavior of credit card cashing out is despite repeated prohibitions, bringing the hidden danger to issuers, making the cardholder faced with lack of credit risk, and disturbing the normal operation of the financial market seriously. It should be cracked down in a timely manner. In the legal regulation of the behavior of credit card cashing out, first of all to analysis it from the legal level, determine the legal nature of the behavior, thus to constraint and investigate the different behaviors of the different subjects accordingly. The behavior of Credit card cashing out is a product of economic development and technological progress, but also associated with citizen’s moral landslide. So in the process of regulating this behavior, we should not only investigate the related subjects’legal responsibility, at the same time, more attention should be paid to the effective regulation of market order, especially for the construction and attention of credit system of our country.In this paper, including three parts:introduction, body and conclusion. The introduction mainly introduces the development of credit card business, the harm of the behavior of credit card cashing out, points out the necessity of analyzing the related issues of the behavior of credit card cashing out and putting forward regulatory suggestions. The body consists of four parts:The first part is mainly to definite of credit card and the behavior of credit card cashing out, to list the four main forms of the behavior of credit card cashing out.The second part is to analyze the legal relationship between the three legal subjects of the behavior of credit card cashing out, to point out the behavior’s social harmfulness, and to analysis the different subjects’legal liability.The third part is to introduce the relevant credit card system of two representative countries, the United States and Japan, to introduce their related credit card systems, and to comment them from the legal system and credit system.The fourth part is to point out the problems about the legislation of the behavior of credit card cashing out and to put forward the ideas of perfecting the regulation system of credit card in China from four perspective of building core law, completing credit system, perfecting the distribution process, regulating merchant.The conclusion mainly elaborate that it is not only to regulate the behavior of credit card cashing out from legislation, and also from judicial practice. At the same time, it should pay attention to the construction of credit system.