Research On The Legal System Of Credit Card Sets

Credit card cashing means that the credit card holder does not use the normal legal procedures to go to the bank counter or use the POS machine to withdraw cash from the credit card.Instead,it uses some abnormal and illegal means to set the funds within the credit limit of the credit card held.Take cash and at the same time not pay the bank the corresponding credit card withdrawal fee.Cardholders and special merchants jointly use virtual machine to swipe their cards to perform virtual consumption,such as behaviors that do not actually generate actual transactions,and other acts of engaging in credit card cash withdrawals,which add great instability and risks to China's financial order.However,these illegal acts are always outside the framework prescribed by law.These illegal acts of cardholders or merchants violate China's legal provisions on franchising in the financial industry,and also deviate from the relevant regulations of the People's Bank of China on cash management,and provide more illegal activities such as “money laundering” and “triad crimes”.With more convenient conditions,China's overall financial order has also been buried with extreme instability.The behavior of the perpetrator's illegal credit card cashing and the malicious overdraft credit card of the perpetrator was jointly issued and promulgated by the Supreme People's Court and the Supreme People's Procuratorate in mid-December 2009.The interpretation of several issues was officially defined for the first time in the form of judicial interpretation.In the Interpretation,the actor violates the provisions of national laws and directly pays the credit card holder's cardholders in various ways,such as falsifying false consumer transactions,by using various tools or other methods.The act of the perpetrator who commits the above acts and causes serious consequences shall be convicted and punished for the crime of illegal business.If the credit card holder adopts other methods such as falsifying false consumer transactions to conduct subjective and malicious overdraft behavior,and subjectively has an illegal purpose of not belonging to his own property ownership,he shall be convicted and sentenced for credit card fraud.Regarding the current behavior of the credit card set and the specific behavior of credit card cashing,the "Explanation" did not make a detailed qualitative analysis,and thecorresponding legal regulation implementation measures did not show obvious effects.Therefore,in order to fundamentally solve the problem of credit card cashing,it is necessary to conduct an in-depth analysis from the current credit card set itself.Not only that,but also the reasons for the current generation of credit card sets and the current situation of credit card sets.The specific reason.By formulating a reasonable and perfect criminal law system for credit card sets,we will fundamentally solve and change the current situation of credit card sets as chaotic.The author believes that it is imperative to strengthen the criminal legislation in China to regulate the current credit card set.It is precisely because of the certain lag of the law that the current credit card cashing and other related crimes seriously endanger the financial management order.However,it should be noted that the strengthening of the criminal law system should be in line with the criminal policy of lenient and strict,so that the strictness is strict,the width is wide,the financial security risks are eliminated,and the credit card cashing crimes are punished according to law.This article is divided into four parts.The first part is an overview of the current status of credit card sets.This part first interprets the concept of credit card cashing,and analyzes the current nature of credit card sets.Secondly,it introduces the current hazard and judicial application of credit card sets.The second part is about the criminal law analysis of credit card sets,which is regarded as a crime.It mainly analyzes the object,objective aspect,subject and subjective aspects of credit card cashing crimes.Among them,the behaviors of the two different entities,the merchants and the main cardholders who provide the cash-out service,constitute a detailed discussion on the crime of illegal business and the crime of credit card fraud,and the financial management order and bank credit security infringed upon the object.Introduction,the final analysis of the current subjective and objective aspects of the set.The third part is the current problem of credit card sets being identified as crimes.Targeted analysis of the problems that constitute the crime of illegal business operation and credit card fraud,and focused on the current academic disputes on the crime of identifying illegal business,and finally qualitatively analyzed the problems identified as credit card fraud and analyzed its reasonableness.The fourth part is the perfect path of the credit card law enforcement system.The focusis on clarifying the disputes of credit card cashing crimes and sentencing,eliminating the crime of illegal business,refining the connection between criminal law and financial regulations,and analyzing the enlightenment of extraterritorial legislation to China.Demonstrate the feasibility of perfecting the path.