Study On The Application Of Criminal Law Of The Use Of POS And Others For Credit Card Cash

Along with the high-speed development of the credit card industry in China, merchant POS cash charges also shows a trend of spreading. Credit card cash out harm the credit card management system in our country, brought serious economic loss to financial institutions, threaten the stability of our country's financial management order and health.In December 2009, the Supreme People's court and the Supreme People's Procuratorate Jointly issued the "several issues concerning the specific application of law in the handling of criminal cases of impairing credit card administration explanations", for businesses to use POS to make provisions for credit card cash. Although the explanation in judicial practice of criminal law to make up for the blank merchant cash behavior,, but because of the complexity and particularity of merchant cash behavior, there is great controversy in criminal law.In this paper, further clarifying the concept, principle and form of credit card cash out, the merchant POS cash has be carried on the analysis, consider that the behavior does not meet the requirements of the constitution of the crime of illegal business, shall be deemed to be crimes of impeding management of credit card, on this basis, four types of problems of criminal law applicable of merchant POS cash is analyzed,and pointed out the criminal law applicable of merchant POS cash in our country existing problems, and finally the author puts forward some suggestions, in order to correctly apply ideas, the criminal law provide theoretical basis for the judicial practice, so as to effectively prevent and blow the cash card, safeguard national normal financial order.