Research On Criminal Law Regulation Of Intermediary Agent's Credit Card Act

In recent years,credit cards as a new industry in the domestic booming,credit cards in our country gradually popular.Followed by the credit card crime situation is becoming increasingly grim,credit card agent intermediary chaos gradually highlighted.These agents of credit card intermediaries often use illegal means to "simplify procedures" "agent card" in the name of the credit card does not meet the requirements of the user forged identification,or work,proof of income and other credit proof,and use the false Proof of identity and credit card to apply for credit card cash,damage to the issuer's financial security and credit card trading order.Unlike the usual economic crimes,credit in the field of credit has a distinctive era,a high degree of complexity,potential concealment and a high degree of harm.[Ma cool: "credit card crime causes and prevention",Jilin University Master's thesis,May 2011,page 1.The prevention of credit card crime and the maintenance of financial market order have become a serious situation and an important task facing the judiciary and financial institutions.At present,the type and quantity of credit card crime research are more in the field of criminal law,and most of the literature focuses on credit card fraud.In the context of financial criminal law,from the point of view of "false credit proof",the study of criminal law regulation of intermediary credit card behavior is mostly insufficient and not enough to meet the needs of judicial practice.In view of this,this paper,based on the summary of such intermediary behavior,analyzes how to use the current criminal law to effectively regulate the behavior of this group,and sums up the management of illegal credit card intermediary crime As well as the improvement of China's criminal law recommendations,with a view to this area of criminal legislation,judicial assistance.In addition to the introduction,the full text of thirty thousand words,divided into four parts.The first part is the review of the status quo of criminal law regulation of credit card agency.This part of the existing legislation from the relevant information,research results and case studies,the current agency credit card acts of criminal law regulation,summarized,comprehensive discussion,obtained in the field of criminal law research is not sufficient,not And then put forward the necessity and urgency of the research.The second part,credit card agent intermediary and its chaos overview.This part elaborates the definition of credit card in the field of financial law and the definition of creditcard in the field of criminal law,and analyzes the difference of credit card definition in two fields.It is suggested that the concept of credit card in criminal law should not include debit card the opinion of.On this basis,the definition and nature of the credit card agent intermediary analysis,according to the CBRC department rules and regulations of the current credit card market credit card agents are illegal institutions of the conclusions.At the same time,finishing the current credit card agent intermediary five common types of behavior,The third part,the intermediary charge d'affaires credit card acts of criminal law.This part of the credit card agent on behalf of the five kinds of behavior one by one criminal evaluation,and for credit card agent intermediary involved in violations of the personal information of citizens and "false credit to prove fraudulent credit card" behavior,sort out the At present,there are different views in the academic circles,and elaborated their own views.This paper argues that there is a certain flaw in the current criminal law,that is,the violation of the provisions of the personal information of the people referred to in the "serious circumstances" is unknown,the lack of "false credit to prove fraudulent credit card" into the criminal provisions.The fourth part,the intermediary charge d'affaires credit card behavior legislation to improve the proposal.In this part,the author according to the credit card agent described earlier chaos and the current lack of criminal law,it is recommended in the criminal law which reasonably limit the definition of credit card;to improve the violation of personal information of citizens "serious" specific standards;(1)of the credit card fraud(1)of the credit card fraud(1)of the credit card fraud,and the credit card fraud,The use of counterfeit credit cards,or the use of false identification,credit certification fraudulent credit card "to fill the field of criminal law on the credit card intermediary illegal card behavior regulation of the blank.This part also combines the current credit card operating environment of our country put forward the financial legal system of the perfect proposal.