Research On The Identification Of The Cash Case With "Ant Check Later"

With the development of the Internet,online shopping has become a new trend and a new norm of mass consumption.In order to stimulate consumption and increase performance,most of the major online retailers have introduced consumer credit products with the main features of overdraft.Such as Jingdong's "White",Suning's "Self-willed","Ant Check Later" and so on(Hereafter the "Ant Check Later" products alike).The successfully launch of the "Ant Check Later" pulls electronic commerce,effectively boosting the financial performance.However,just like credit card fraud,all for the "Ant Check Later" products of the cash also acted with endless stream,pattern renovation.They not only impact the safety of the supplier's funds,but also cause risk of destruction of the Internet financial order,and the potential of fraud.Therefore,it is necessary to carry out criminal regulation for some serious illegal "Ant Check Later" related behavior.This paper takes the case of Du and others illegal business as an example,researching on the emerging of "Ant Check Later" type of behavior which involve the conviction and sentencing research with the background of electronic commerce.This research tries to reveal the essential legal attribute of the "Ant Check Later" financial instruments,and makes a more in-depth analysis of the criminal justice evaluation of each actor in the crime of the crime in the upper and lower reaches of the criminal law,in order to establish a reference to identify the similar "Ant Check Later " cash case.In addition to the introduction,the main text is divided into four parts with a total number of 17,000 words.The first part introduces the basic situation of the case and the focus of the dispute.In addition to the brief introduction to the basic facts of the case,the focus of the three major points: first,the nature of the "Ant Check Later",that is,whether it belongs to credit card;second under the criminal law;and whether the cashmaker Jia's behavior constitutes a credit card fraud;the third is businessmen(intermediaries)Du and others behavior constitute illegal business or not.The second part mainly analyzes the related jurisprudence involved in this case.To determine whether the cashmaker Jia's behavior constitutes credit card fraud or not,the key is to determine whether the "Ant Check Later" is a credit card under the criminal law.In terms of general attributes,"Ant Check Later" is a kind of new consumer credit product with financial innovativation.For criminal law attribute,whether it is a credit card based on the interpretation of the meaning of criminal law doctrine,or the legal analysis based on the necessity of punishment.Above all,the "Ant Check Later" does not belong to the criminal sense of the credit card.To determine whether the cashmaker's behavior constitutes a crime of illegal business,the focus is to analyze the subject of this subjective and objective elements.The composition of the illegal business involved in this case shall be in accordance with the objective elements of the "illegal payment and settlement business" and the subject must be "for profit".The third part is the conclusion of the case and the analysis of how all actors involved in the case are convicted and punished.For cashmakers,the focus is on crime and non-crime,and types of crime.The final conclusion is that the cashmaker Jia constitutes an ordinary fraud,and businessman Du does not constitute an accomplice.The behaviors of businessmen Du and others constitute the crime of illegal business,based on the subjective and objective elements of its illegal business operations.This research innovatively decomposes the whole "Ant Check Later" cash out process into two halves.The first half consists of "users and businesses to reach a virtual transaction ? the ants small loans credit that consumer behavior really exist ? ants small loans pay credit funds to the retailer ? retailer accesses the credit funds" ? "ants small loans act as the payment of settlement intermediary";the second half is " the retailer obtain credit funds ?deduction of the pre-agreed fee ? the remaining funds to pay to the user's Alipay account".The retailer is both a nominal payee and an intermediary engagement in payment and settlement.Accordingly,the behavior of the retailer(intermediary)is reasonably interpreted as "engaged in the payment and settlement business" in the illegal operation.The fourth part is the implications of this research.It mainly explores the legal strategies to handle the new type crime involving the "Ant Check Later".It is recommended to enact introduction of judicial interpretation,and speed up the release of guidance cases and other pragmatic ways to combat this type crime with legal foundations.In addition,it is recommended to establish a multi-level regulatory mechanism beyond the criminal justice system.