The Qualitative Analysis Of The Action Of Cash-backing By Using Credit Card From The Third Party

From 15, December, 2009, the seventh Amendment,<< the explanation of some questions of application specifically of the law about hinder the management of credit criminal case>> joint released by the Supreme Law and the top prosecutor, regard credit card by swiping card cash through POS machine as crime of illegal business operations, now it is legal supported in juridical practice that the illegal of credit card cashing. But judicial office has disputes in the process of specific application about these legal previsions. In addition, in judicial case and theoretical research of cash-backing by using POS machines, it is more common to restrict the subject of cash-backing between specially engaged commercial units and card holder, without noticing that the research and analysis of cash-backing from the third party except the non-card holder and specially engaged commercial unit. This case happened occasionally in juridical practice. This article, with the help of this case, Qian swiping at the POS machines from others give qualitative analysis of the action of cash-backing by using credit card from the third party.This article has four parts.The first part is basic information which including the cause of action, the basic facts, different ideas and the focus of dispute, it is a brief introduction of the basic facts and the mainly issues that this will be analyzed in this essay.The second part is the jurisprudence analysis of related issues. It is mainly about the focus of dispute of this case and the analysis of related theoretical problems, specifically, it is unfolded by the behavior identification of cash-back by credit card from the third party, the affirmation of pay cash directly to card holders by bogus transaction through point of sales terminal and the illegal fund payment and settlement business, and the illegality of holding others credit card.The third part is the analysis and conclusion of this case. We can draw a conclusion that the actions of Qian from this case did not constitute a crime through the jurisprudence analysis of the above-mentioned related issues and the combination of the specifics of this case.The forth part is the insight of the research about this case. The study of this case point out the source of withdrawal of credit card non-stopping is unreasonable management policy about credit card in financing institution. the way to correct withdrawal of credit card reasonably is not only to perfect the prohibition of national regulation,it is essential for financing institution to change management policy about credit card as well.