Theory Of Criminal Law Regulation Of The Credit Card Cash Out Behavior

Credit card cash out is refers to the card holder is not through the normal legal procedures (bank counter or ATM cash withdrawal, and through other means will be within the line of credit card money arbitrage in the form of cash, and not the behavior of bank withdrawal fee at the same time. Credit card cash out increased uncertainty and risk in the financial order in our country, the cardholder joint business trade through the virtual POS machine brush calorie of consumption not true, in disguised forms are in the business of credit card cash, etc are free in the framework of the law, a violation of the state concerning financial business franchise law, deviated from the people’s bank to the relevant provisions of the cash management, is also likely to facilitate illegal activities such as "money laundering" condition, this will give our country the whole financial order buried under the unstable factors.In December2009, the supreme people’s court and the supreme people’s procuratorate jointly issued "on the handle credit CARDS management" the explanation of the concrete application of law in criminal case, in the form of judicial interpretation for the first time formally define the blocks "illegal" and "malicious overdraft" behavior."Explain" article7in violation of state provisions, the use of methods of POS terminal machine (POS), with fictitious transaction, asking price, cash refund to credit card cardholder pay cash directly, if the circumstances are serious, shall be based on the provisions of article two hundred and twenty-five of the criminal law, the illegal business crime convicted and punished. Card holder for the purpose of illegal possession, adopts the method of malicious overdraft, shall be investigated for criminal responsibility, in accordance with the provisions of article one hundred and ninety-six of the criminal law, by credit card crime of fraud of the convicted and punished.But the explanation of credit card cash out action related main body and behavior lack of specific qualitative analysis, the relevant legal regulations take effect is not obvious. Therefore, to fundamentally solve the problem of credit card cash out, need to credit card cash out from the analysis of behavior itself, the combination of credit card cash out behavior and the cause of the flood, improve the rational criminal law regulation of credit card cash out action mechanism, fundamentally reverse of credit card cash out behavior.