对信用卡套现行为的法律认定及对策研究
发布时间：2018-08-18 15:12
【摘要】：信用卡作为一种便捷的支付手段,近年来已越来越多地参与到人们的生活当中,在信用卡业务迅速发展的同时,信用卡相关犯罪也不断增多,特别是信用卡套现活动已发展到公开化,产业化的程度,严重冲击了我国信用卡行业的运行秩序,如果对此类犯罪活动放任下去,势必影响信用卡产业长期健康的发展。同时,鉴于实践中打击非法套现行为缺乏法律依据,相关司法解释的出台填补了这一法律空白。随之也带来了对此规定的质疑,以及实际中如何适用的问题。本文分为五各部分针对以上问题展开论述：第一章阐明信用卡套现的含义,以及实践中三类信用卡套现的实现方式,并对信用卡套现所涉及的法律主体之间的关系进行厘清；第二章进一步分析信用卡套现现象产生的原因以及对可能各类主体带来的危害；第三章介绍了我国目前对信用卡套现的法律规制现状,并针对不同主体分别讨论对其行为的刑法认定；第四章对比了欧美及日本的信用卡法律规制,提出了值得借鉴的经验和建议；第五章从刑法规制和完善的角度提出了刑法完善的思考。
[Abstract]:Credit card, as a convenient means of payment, has been more and more involved in people's lives in recent years. With the rapid development of credit card business, credit card related crimes are also increasing. Especially, credit card cashing activities have developed to the degree of openness and industrialization, which has seriously impacted the rank of credit card industry in China. In the meantime, in view of the lack of legal basis for cracking down on illegal arbitrage in practice, the introduction of relevant judicial interpretations fills this legal gap. It also raises questions about the provisions and how to apply them in practice. The first chapter clarifies the meaning of credit card cashing and the realization of three types of credit card cashing in practice, and clarifies the relationship between the legal subjects involved in credit card cashing; the second chapter further analyzes the causes of the phenomenon of credit card cashing and the possible types of owners. Chapter three introduces the present situation of the legal regulation of credit card cash arbitrage in China, and discusses the criminal law cognizance of credit card arbitrage according to different subjects; Chapter four compares the legal regulation of credit card in Europe, America and Japan, and puts forward some valuable experience and suggestions; Chapter five puts forward some suggestions from the angle of criminal law regulation and perfection. The thinking of perfecting the criminal law.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
本文编号：2189859
[Abstract]:Credit card, as a convenient means of payment, has been more and more involved in people's lives in recent years. With the rapid development of credit card business, credit card related crimes are also increasing. Especially, credit card cashing activities have developed to the degree of openness and industrialization, which has seriously impacted the rank of credit card industry in China. In the meantime, in view of the lack of legal basis for cracking down on illegal arbitrage in practice, the introduction of relevant judicial interpretations fills this legal gap. It also raises questions about the provisions and how to apply them in practice. The first chapter clarifies the meaning of credit card cashing and the realization of three types of credit card cashing in practice, and clarifies the relationship between the legal subjects involved in credit card cashing; the second chapter further analyzes the causes of the phenomenon of credit card cashing and the possible types of owners. Chapter three introduces the present situation of the legal regulation of credit card cash arbitrage in China, and discusses the criminal law cognizance of credit card arbitrage according to different subjects; Chapter four compares the legal regulation of credit card in Europe, America and Japan, and puts forward some valuable experience and suggestions; Chapter five puts forward some suggestions from the angle of criminal law regulation and perfection. The thinking of perfecting the criminal law.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
【参考文献】
相关期刊论文 前1条
1 刘泽华;梅明华;陈云;;银行卡业务法律风险防控理论与实务[J];中国城市金融;2013年11期
，本文编号：2189859
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