Research Of Knotty Problems On The Crime Of Fraud On Credit Card

With the rapid development of credit card industry, the risk problem of credit card have become increasingly prominent, the crime of fraud on credit card are increasing. Especially on the background of the financial crisis, a variety of credit card fraud are seriously disrupting the financial order, and affecting development of the credit card industry. If not strengthening the control, the cumulative risk will ultimately affect the harmony and stability society. While the crime of fraud on credit card provisions in China's current criminal law and the amendment are more abstract principles. There are some difficult problems when provisions are applied in judicial practice. It make difficult to prevent and combat such crime.So, how to accurately understand and apply provisions becomes a important issues of the criminal law theory. This article makes a profound study on crime of fraud on credit card, mainly analyzing the composing factors of crime of fraud on credit card and also make a further discuss about the difficulty and complex cases in the judicial cognizance, based on which the author proposes his view and attitude, with the hope of besteading the legislation and judicial practice. The whole text is divided into three parts.The first chapter is an overview. First, it introduces the development status and the risk problems of credit card. Secondly, it analyzes the types and trends of credit card fraud crime cases in justice practices through survey data, then introduces the legislative history of credit card fraud crime and the newly issued judicial interpretation of credit card fraud crime.The second chapter analyzes the problem of composing factors of crime of fraud on credit card. Talking the subject factor, the author discusses the reason why units should be the crime subject of the crime of fraud by credit card in current justice; and highly analyzes malicious overdraft cardholder is legitimate cardholders. On the subjective factors, she points out that detinue is necessary to recognize bilk, and analyzes how to confirmation the behavior is with the purpose of detinue or not. On the object factors, in addition to the criminal object of this crime, but also from point of view in the carrier of the object - the target of crime, Objective factors are discusses the malicious overdraft for the credit card fraud crime and internet credit bilk without card.The third chapter discusses the difficult problems in judicial practice. The author analyzes the case of picking up the credit card then using that can be only identified as credit card fraud crime. Then she discusses the case of stealing credit card or through other illegal method to obtain credit card then using. She analyzes the credit card fraud crime carried out by making use of post to facilitate. Combination of judicial interpretation, the author analyzes the links between withdrawal of credit card and credit card fraud.