Research On The Legal Regulation Of The Behavior Of Credit Card Cashing Out In Our Country

Credit card cash behavior in recent years showing a new type of crime, Compared with the traditional credit card crime, It relates to the amount of money is enormous, We have for the healthy development of China's financial market has created a significant threat. However, the current domestic financial sector has not really aware of the risks it comes with, To be able to fill the loopholes in the law to ease the increasingly serious problem of cash, Supreme People's Court and Supreme People's Procurator ate in November 2009 jointly issued "on the handling of criminal cases impairing credit card administration the specific application of a number of legal interpretation"(hereinafter referred to as the explanation),In the definition of offenses and punish acts committed by cash method aspect gives some basis. Although this interpretation complete some ambiguity in the behavior of cash criminal law provisions, but there are still many places is not reasonable, it can expect more perfect.This article mainly includes the introduction, body and conclusion of three parts. The introduction mainly introduces the background and meaning of credit card, credit card and specify discussed in this article belong to the narrow. Then list the main features and payment and settlement functions, consumer credit function, exchange transfer function, representing the personal credit functions.Text by four chapters.The first chapter describes the behavior of the meaning of cash, and its broad and narrow two aspects of discrimination were pointed out in this article discusses the meaning of the narrow sense, and this behavior is more common in several forms discussed. Secondly, we discuss the causes of its credit card own particularity, bank management loopholes and financial market demand for capital and other factors led to the emergence of this behavior. Finally, the social harm caused by the behavior was analyzed, with the continuous development of China's financial industry, the credit card industry has been expanding, cash harm behavior has become even more serious, to the cardholder, the issuing bank and the financial markets have brought our country to a lot of adverse effects.The second chapter is highlighted in cash behavioral aspects of health-related legislation stage of China, and highlighted shortcomings in criminal legislation. Secondly noted that our legal system in cash behavioral defects, namely a lower level of legislation and the lack of core laws, lack of complete personal credit system, the legislation behind the real needs and the criminal law of serious deficiencies, etc., for the following proposed regulations and recommends bedding.The third chapter is related to the extra-territorial legal system reference. US credit card business is to produce the first place and which system becomes more developed in terms of a credit card, the establishment of a sound personal credit information system and core specialized legal aspects of a lot we can learn from the place.The fourth chapter of insufficient credit card system, from the establishment of core legal, a sound credit system, improve the payment process, regulatory and criminal regulation merchants five proposed regulation on cash recommendations behavior.