| The emergence of online consumer credit products provides a lot of convenience for people to purchase goods,mainly including credit products such as "Ant Huabei","Jingdong Baitiao","Virtual Credit Card",etc.,with the expansion of the target groups and the fields involved As a result,some criminals began to use consumer credit products to commit crimes,the most typical of which is Huabei’s practice.Because this behavior model is relatively new,there are no specific regulations in the criminal law to regulate it.How does it qualitatively exist in judicial practice?Disagreement,so this article provides ideas for the qualitative analysis of such problems in practice through a qualitative analysis of fraudulent use of other people’s accounts.On the one hand,by sorting out cases related to online consumer credit product cashing in recent years,it can be seen that there are relatively many types of illegal cashing out,of which the proportion of cases based on fraudulent use of cashing is the largest.This is the current pain point of online consumer credit.On the other hand,the collation of fraudulent use of online consumer credit products shows that there are many controversies in judicial practice for fraudulent use,and the crimes of fraud,theft and robbery are the main crimes in the determination of guilt.This means that online consumer credit lacks clear legal provisions and judicial basis in legislation and judicial practice.Based on the analysis of a large number of cases as a realistic basis,it can be seen that there are relatively many legal subjects involved in online consumer credit products,the ending of the legal relationship is complicated,and there are also unclear situations in the relationship structure of the parties and third-party platforms.Therefore,it is necessary for the fraudulent use of online consumer credit to act as financial legal regulations.In addition,since the fraudulent use of online consumer credit products is mainly divided into two types,"password acquisition type" and "counterfeit registration",there are many disputes in specific judicial trials.Some views believe that "fraudulent" fraudulent behavior is essentially It still meets the criminal constitution of the crime of theft,and should be convicted and punished as the crime of theft;some other views believe that the set of acts committed by the defendant constitutes a crime of fraud,because the subject of punishment at this time is not the user himself,but on behalf of the online credit products of the e-commerce platform machine.In addition,there is no shortage of cases in which fraudulent use is defined as credit card cashing,contract fraud,and loan fraud.However,online consumer credit products are basically defined as fraudulent crimes according to the existing relevant legal provisions,and most of them are mainly ordinary frauds or special frauds when they are identified.In addition,the criminal object has a vaguely defined situation,which makes it face in the judicial process.The legal basis is not perfect,the criminal and civil convictions are crossed,and the prosecution and defense opinions are controversial.For this reason,fraudulent use of online consumer credit products should be regulated.As developed countries such as the United States and Japan already have relatively mature conditions in this regard,they can be fully used for reference while specifically proposing relevant requirements for criminal laws and regulations.Measures such as clearly determining crime standards,raising sentencing standards,promulgating the Consumer Credit Law as soon as possible,expanding the scope of convictions for fraud crimes,and penalizing regulations for illegal business crimes have rooted in the prevention of fraudulent use of online consumer credit products. |
PDF Full Text Request