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A Qualitative Research On The Criminal Law Of POS Machine

Posted on:2019-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhaoFull Text:PDF
GTID:2416330563457352Subject:Law
Abstract/Summary:PDF Full Text Request
With the advent of the financial crisis,many individual proprietors or individuals who are in urgent need of funds cannot obtain credit funds through formal channels.In this way,a large number of POS machines have been used for financing.It is stipulated in the relevant judicial interpretation that whether the POS machine is a crime and constitutes a crime.Due to the fact that the POS machine is not included in the criminal law,it is very controversial to use the POS machine to cash out.In judicial practice,different local courts have different understanding of the relevant judicial interpretation,and the application is different,resulting in inconsistent results.Investigate its reason,various areas of application of illegal business crime out of and in the judicial interpretation about the "direct cash payment",whether "violation of state regulations",POS cash out whether belong to the "illegal capital settlement business" there exists differences in understanding.Through the POS cash issue involves the relationship between the subject and in the judicial practice,to what is considered "violation of state regulations",POS cash into sin if there is a legal basis and from the Angle of the austerity of criminal law sex in-depth analysis,POS cash behavior shall belong to the scope of civil law adjustment,should not be affected by criminal law.
Keywords/Search Tags:POS machine cashing, The crime of illegal business operation, Credit card, Theory of innocence
PDF Full Text Request
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