Research On The Crime Of Illegal Business In The Case Of Using "Ant Credit Pay" To Cash Out

With the rapid development of Internet shopping,various Internet shopping platforms have launched consumer credit products characterized by overdraft consumption in order to meet the diversified consumer demand,stimulate consumption and improve performance.Among the current consumer credit products,the largest and most representative one is Alipay's "Ant Credit Pay" service.The main idea of "Ant Credit Pay" is to bring new consumption experience to the users.However,due to the lack of a perfect legal supervision system in the "Ant Credit Pay" service,the selfmanagement of Alipay platform is difficult to deter the criminals' effect.So there are more and more cases of using "Ant Credit Pay" to cash out.The use of Ant Credit Pay cash will not only impact the security of Alipay platform,but also destroy the Internet financial order and induce other types of crime.The current judicial interpretation does not make clear provisions on the use of "Ant Credit Pay" as a kind of consumer credit product cash out behavior,which makes the judicial practice on the use of "Ant Credit Pay" cash out case of a certain degree of ambiguity.At present,the judicial organs determine that the perpetrator constitutes the crime of illegal operation on the ground that the perpetrator illegally engages in fund payment and settlement business.However,there is a view in the theoretical circle that "Ant Credit Pay" is a credit card.Therefore,we should make a determination of the case of using "Ant Credit Pay" to cash out by referring to the relevant provisions of credit card cash out.There is no distinction between "Ant Credit Pay" and credit card,or between "Ant Credit Pay" cash arbitrage and "illegally engaging in fund payment and settlement business",which are the key points to determine the crime of illegal operation in the case of "Ant Credit Pay" cash arbitrage.Therefore,I think it is necessary to study the nature of "Ant Credit Pay" and the nature of "Ant Credit Pay" cash out behavior.The first part is to sort out the disputes on the determination of the crime of illegal business in the case of "Ant Credit Pay" cash out.By citing typical cases,this paper summarizes the theoretical and practical issues,including whether Ant Credit Pay products belong to credit card,and whether cash out behavior belongs to "illegally engaging in fund payment and settlement business".The second part is the theoretical analysis of the crime of illegal business in the case of "Ant Credit Pay" cash out.Firstly,this paper distinguishes "Ant Credit Pay" from credit card,making it clear that "Ant Credit Pay" cannot be interpreted as a credit card;secondly,through the analysis of "Ant Credit Pay" arbitrage behavior,this paper makes it clear that "Ant Credit Pay" arbitrage behavior belongs to "illegally engaging in fund payment and settlement business";finally,it is concluded that "illegally engaging in fund payment and settlement" should be used for "Ant Credit Pay" arbitrage behavior Business "is the premise of the crime of illegal operation.The third part is to use "Ant Credit Pay" to cash out the case of illegal business crime identified problems.First,adhere to the principle of objective interpretation to determine the nature of "Ant Credit Pay";second,grasp the modesty of criminal law,and take administrative supervision and punishment for minor violations;third,clarify the recognition standard of "illegally engaging in fund payment and settlement";fourth,do not need to use criminal law to punish those who need to cash out with minor circumstances,and apply the crime of loan fraud to those with serious circumstances;fifth,improve the administrative and judicial fields The sixth is to improve the administrative supervision and punishment of "Ant Credit Pay" cash out cases.