The Criminal Law System And Path Of Online Cash Out

The rapid development of Internet technology,great changes have taken place in the financial sector,appeared across geographical limit of Internet financial model,collaborate with e-commerce common develop and promote consumption,the ecommerce platform create personal credit products in order to promote e-commerce consumption,at the same time,the hidden network cashed out,the wrongdoing lack of regulation in short time because the lag of law,it will impedes development of financial industry if criminal law intervene too early,this article tries to have a reference value by explore the way of regulating network cash out.Firstly,this paper defines network cashing out by studies the nature and characteristics of network cash out behavior and compares with other cashing out behavior.The paper also introduces the operation mode and types of network cashing out to better understand the legal relationship of subject in network cashing out,clarify the difference between network cashing out behavior and other cashing out behavior,and provide an argument that network cashing out should be regulated by criminal law.Secondly,combining with the judicial practice,the author makes a research on the claim of what kind of responsibility network cashing out behavior should bear.In the current criminal law of our country,the evaluation of merchants in the network cashing out is the crime of illegal operation.This paper agrees that the types of behavior constitute the crime of illegal operation.Subject of network cashing out is divided into have the cash return intention and don't have the cash return intention,in the judicial practice to cashing out with return intention takes not punishable majority,this paper puts forward the idea which subject of cashing out have to responsible for it's behavior and limit into crime what circumstance,according to the judicial practice of don't have the return intention cashing out subject behavior constitute crime of fraud,crime of credit card fraud,crime of the loan fraud,this paper favor subject should constitute the crime of fraud;As for the behavior of falsely using others' account to cash out,it may constitute crime of fraud,crime of credit card fraud,crime of loan fraud and so on in practice,author holds that it should constitute the crime of theft,Finally,Suggestions are put forward according to the existing problems in criminal law regulation in China and the current situation of Internet finance.To solve the problem of lack of preposition standard in the regulation of criminal law about network cashing out,it is suggested to complete the preposition administrative law.It is suggested to issue guiding cases for the problem about different judgment of cashing out in judicial practice.Considering that the third-party payment industry is in the stage of rapid development,the criminal law should not intervene too early,and the administrative law should be improved.