Study On The Application Of The Crime Of Illegal Business To The Conduct Of Payment And Settlement By The Fourth-party Payment Institutions

The fourth-party payment is a kind of newly-emerging payment business that provides aggregate payment service connecting multiple net payment channels and integrates different payment platforms or QR codes.A few non-bank institutions engage in payment and settlement illegally while conducting the fourth-party payment business,which cause huge social harm.However,there is no consensus on the norm,nature and act of illegal payment and settlement among the judicial practice or in academic research.The newborn fourth-party payment also seems so fresh and unfamiliar.Cases of the crime of illegal business concerning the four-party payment were seen in the judicial practice and many problems occurred in the application of the criminal law.This dissertation discusses the criminal regulation and application of criminal law to the illegal engagement in payment and settlement of the fourth-party payment institutions by identifying the norm of illegal payment and settlement conducting by the fourth-party payment,as well as characterizing the act based on judicial cases.The dissertation is illustrated with four parts besides the preface and conclusion.Chapter 1 introduces the norm of payment and settlement,the development of net payment and the background in which the fourth-party payment emerged.The norm,features and the range of the fourth-party payment discussed in this dissertation are also specified in this chapter,along with the norm of illegal payment and settlement in the administrative law and the criminal law.Chapter 2 discussed the social harm of illegal payment and settlement in the fourth-party payment industry and the founding of non-bank institutions payment regulatory framework and the regulatory loopholes in bankcard acquiring service.And to cope with that,legal regulation on the the fourth-party payment institutions’engagement in illegal payment and settlement,including the government supervision and criminal crackdown were carried out.Chapter 3 introduces three type of acts of illegal payment and settlement concerning the fourth-party payment in the judicial practice and illustrates the norms,characters of the acts which is fund-transferring service for upstream crimes,secondary clearing and apps for cashing out.Essential problems in the typical cases concerning those acts are also discussed.Chapter 4 analyses the utilitarian tendency in law-making and judicial practice concerning the crime of illegal business concerning payment and settlement and the key role the judicial organs plays in setting up the boundary of regulation of criminal law.While discussing the applying the criminal article of illegal business,it’s emphasized that the principle of modesty and restraint in criminal law should be held to prevent the overuse of the crime and that accuracy and prudence matters in the interpretation of the norm of payment and settlement.In addition,the interpretation of the merit protected and the constituents of that crime should be based on the positive law and the values weighed in the cases should be guided by criminal policies.The merit-protective value of illegal business should also be recognized and developed.Furthermore,the coordination of the administrative law and criminal law,as well as the enhancement of cooperation between the government and the judicial organs is proposed.