Qualitative Research Of Criminal Law On Behavior Of Online Credit Cashout

In the wave of Internet finance,consumer credit products related to the Internet such as"Jingdong ious" and "Ant credit pay" have come into people’s vision one after another,resulting in a new type of network arbitrage behavior.Users with cash demand "buy" fake commodities through cash intermediaries,and choose "Ant credit pay" to pay for the goods on the payment page.After the intermediary point "delivers",users will choose "Ant credit pay"to pay for the goods.Immediately "confirm receipt",at this time,"Ant credit pay" will transfer the payment to the Alipay account of the online store.After deducting a certain "fee",the intermediary will transfer the remaining money to the Alipay account of the user.This kind of fictitious transaction not only disturbs the normal financial order,but also is not conducive to the stable development of society.With the intensification of the phenomenon of network arbitrage,it is necessary to study the qualitative problem of criminal law in the current practice of network consumer credit products.Internet consumer credit lending is essentially a small consumer credit loan issued by micro-credit companies through the Internet payment platform,which can not be identified as a credit card.They are completely different in the issuing subject and attributes.Therefore,for cash holders,this kind of arbitrage can not be equated with credit card cash,and then can not be identified as the credit card fraud crime.When the cashier does not have the purpose of illegal possession,it should belong to civil breach of contract and not constitute a crime;when it has the purpose of illegal possession,it should be recognized as the contract fraud crime.For the intermediary business behavior in online credit cash-out,the actor uses the false transaction form as a cover to provide the service of cash arbitrage for others,thus changing the functional restriction that "Ant credit pay" can not directly withdraw cash.In essence,it builds a platform for users and micro-loan companies to provide intermediary payment and settlement service behavior,which belongs to illegally engaging in fund payment and settlement business in the form of intermediary shall be recognized as the illegal business crime.