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Is it illegal to cash out the Baitiao in Jingdong? Will Huabei be jailed for malicious cash arbitrag

If Jingdong Baitiao and ant Huabai fail to repay their debts for a long time, will malicious overdraft be blacklisted in the bank? Will it have an impact on housing and car loans? Is it illegal for Huabai and Jingdong Baitiao to cash in? Let's get to know.

At present, there are three kinds of information displayed in the personal credit report in the credit system. One is the basic personal information, including name, certificate type and number, mailing address, contact information, marriage status, residence information, occupation information, etc; The second is credit transaction information, including credit card information, loan information, etc., which is mainly to verify the recent personal loans within five years, whether there are overdue records of credit card, etc.; the third is other information, including query records, etc., which generally shows the reasons of individuals or institutions, the way through, the number of queries, etc.

'but in case of malicious overdue or non repayment of the loan, it will not only produce penalty interest of certain expenses, but also affect personal credit record. 'ant financial said that, although Huabei cash arbitrage is not included in relevant laws and regulations at present, once it is found that Huabei cash arbitrage is used, not only ordinary buyers will' smear 'personal credit records and bring negative effects; cash arbitrage merchants will also face multiple penalties, with a slight restriction on the use of Huabai, and a heavy freeze on funds and accounts.

Jingdong Baitiao also said that it has been actively connecting with the central bank's credit system, exchanging information and cross screening. As long as it defaults on the Baitiao, users are likely to be unable to complete the loan from the bank channel. '

In 2009, the Supreme People's court and the Supreme People's Procuratorate issued the interpretation on Several Issues concerning the specific application of the law in handling criminal cases of obstructing the management of credit cards, which stipulates that if the method such as POS machine is used to directly pay cash to the credit card holder in the above-mentioned way, if the circumstances are serious, the provisions of Article 225 of the criminal law shall be followed The crime of illegal business operation shall be convicted and punished.

Liu Chunyan, associate professor of Law School of Tongji University, said that although the nature of Huabei and Baitiao is similar to that of credit card, their regulations have not been included in the scope of criminal law. The principle of a legally prescribed punishment for a specified crime is a basic principle of the criminal law. In the criminal law, it is not clear that white and flower money will seriously violate the criminal law. Alipay and Jingdong can not seek criminal legal relief in accordance with the relevant provisions of the criminal law, such as credit card fraud. '

However, Liu Chunyan believes that if the user makes up the facts for the purpose of illegal possession, and cash out the huge amount of Jingdong Baitiao and Huabei, he will not be repaid at the end of the period. Although he cannot be held liable for the crime of credit card fraud, he can still be held liable for the crime of fraud.