The Criminal Law Dispute And Path Exploration Of Credit Card Cash

Since the reform and opening up,the market economy has been gradually established in China.Along with the rapid economic development is to improve people's living standards,people's pocketbook drum up,consumption level and consumption concept also change rapidly.As a representative of excessive consumption,the credit card,because of characteristics,like pay in advance and easy to use,has attracted more and more welcome.On the one hand,thanks to the rapid development of modern science and technology,from gold to paper money to credit cards,which is behind the promotion of science and technology.On the other hand,it comes from the great convenience of credit card to people's daily life.But it is undeniable that there are two sides to everything,the development of credit card also provide the opportunity to engage in illegal and criminal activities.The Supreme People's court and the Supreme People's Procuratorate jointly issued the interpretation of some issues concerning the application of the law in the case of the management of the crime of disrupting credit cards(Hereinafter referred to as"explanation")in 2009,according to the increasingly high incidence of credit card crimes.It detailed explanation of the crime of credit cards,including seventh of the provisions of the cardholder credit card fraud and special businesses constitute the crime of illegal business.The background of the interpretation comes from the development of the credit card industry and the increase in criminal activity,"subprime mortgage crisis" and the financial crisis have reflected the importance of credit cards in the national financial system.The introduction of interpretation has important theoretical value and practical significance.On the one hand,the interpretations of academic research for the upsurge of credit card crime,is conducive to the deepening of theory.On the other hand,it provides the explanation for the standard specification of credit card crime law enforcement and justice,and it is conducive to the fight against rampant credit card crimes.But the merchants prescribed in article seventh through specific cash to the cardholder's behavior constituted the crime of illegal business operation,the author thinks it has objection,reveal all the details in the discretion of the judiciary is too large,contrary to the principle of legality.Based on this,it is necessary for us to make a detailed analysis of the criminal law of credit card design.This article will focus on the article seventh of the "interpretation",and it is divided into three parts for analysis.First of all,the article analyzes the general theory of credit card cash,including the definition,classification,causes and harm of the bank card.The concept is the basic method of understanding things.After introducing the criminal law on the definition of credit cards and a comprehensive analysis of the theory,the author puts forward the definition of credit card cash;corresponding to the "interpretation" of article seventh,credit card cash behavior are classified.Then,it stimulate the economic benefits from the supervision system,extensive qualification review the loose,interests collusion,law enforcement and judicial difficulties five aspects analyzes the causes of credit card cash,and will harm summary for the destruction of financial security order and hinder the credit card industry,disclosure of customer information data,reduce the personal credit rating of four aspects.The second chapter focuses on the regulation of credit card cash act in criminal law,especially regarding article seventh of the "explanation" as the center,through the analysis of types,according to the two different forms of soil on merchant cash and cardholder cash,are analyzed respectively.Firstly,for the merchants use POS cash machine to constitute the crime of illegal business should be divided into question whether the crime and what crime should be determined in two aspects.Secondly,In this paper,the main body and the subjective aspects of the crime of card fraud are clarified.Thirdly,it analyzes the case that cardholders and merchants constitute an accomplice.The third part of the paper puts forward the way to regulate the credit card cash.First of all,from the macro institutional framework,this article believes that it should be from a single rule of regulation,improve the rule of law in line with the spirit of criminal legislation and credit system construction,strengthen the source of credit card cash management.From the micro level,we should reasonably deal with the existence of illegal business crime,to solve the problem of financing,and learn from foreign countries to prevent and combat credit card cash system experience.