Study On The Legal Regulation Of Credit Card Cashing Out

With development for more than twenty years, credit cards have become common financial instruments in people's daily life, and credit cad business has also been one of the most important businesses for banks. Meanwhile, there are so many people cashing out with the popularity of credit cards, even it has become a complete industry chain. The behaviors of credit card cashing out bring the issuers big business risks , and induce people to break the line of credit, furthermore, they would disrupt the social credit order, and disable effective regulations, make the economic regulating and controlling policies lose effectiveness, or even breed grounds for money laundering. As a result, many people call for laws to regulate cashing out, and kinds of supervisory boards enact rules to supervise them directly, others also bring forward several schemes. But without the instructions of a whole conception and analysis of the behaviors of related parties respectively, the active measures to forbid cashing out don't help a lot, or even were said to have infringed card holders'legal rights. Hence, it's necessary to analyze the behaviors at first, and also figure out how they emerged and why it has been such a serious situation, and conceive rules to regulate card holders'activities effectively. Only in this way can the problem be solved finally.This paper includes four parts:The first part lists the main formats of cashing out and analyzes the reasons cashing out emerged and overflows.The second part analyzes the behaviors further. Firstly, from the point of the basic relationships between the parties, the article examines their acts and concludes that card holders and the cashing out agency act against the contracts they engaged. Then on the basis of summing up the active laws and regulations which are for the behaviors, the paper study on whether their behaviors have offend the laws, and come to a decision that cashing out not only involves related parties'benefits ,but also has great influences on the financial securities and the order of the whole economy. The agencies use the paying and settling instruments which are for consumptions to transfer the behaviors of overdraft into credit borrowings. The behaviors are linked with the businesses of payment and settlement, and credit businesses closely, so it's necessary to keep in mind the idea of protecting the macroeconomic interests, and bring the task into the whole financial regulating systems. Besides, card holders and the agencies hold responsibilities differently according to the influence of their acts and the social roles they play.The third part introduces rules in other countries, which is in the sake of offering some samples for our country to adopt.The fourth part uses the concepts of economic law, and gives advices on regulating credit card cashing out from the points of card holders and the agencies respectively, combined the supervisors'rules and the market rules.