Probe Into Credit Card Crime

Criminal academic research on credit card crime is a constant and gradual improvement of the process, from setting up the need for credit card crimes, to different views of malicious overdraft, credit card and then divided the scope of criminal law, to the crime of obstruction of Credit Card Management and theft, bribery, crime of illegally providing the appearance of credit card information, to the standards of judicial determination of the call arguments and the sentencing criteria have been out. At the institutional level, criminal acts of credit card regulation are gradually improving, 97 Criminal Law, "Criminal Law Amendment (e)" and the judicial interpretation of legislative interpretation, and some have been the introduction, the basic form of credit card crime, effective system of criminal law regulatory regimes.Crime is not an independent credit card charges, but a variety of crimes related to the type of credit card referred to, this article should be summarized in the form of specific performance against national credit management order, crime and credit card as a tool or object of the crime. In the overall analysis of credit card crime, based on the statutory basis of the principles of crime, focusing on two ways to analyze from credit card crime, will involve the conduct of credit card crimes detailed analysis and careful study, to distinguish between the behavior of their own forms of expression, and some suggestions for reference.This article is divided into three parts, the first overview of crime for the credit card, credit card crime, the state reviewed the legal process against the sanctions, by comparison, and according to criminal law and relevant judicial interpretation of the provisions, identified the concept of credit cards and credit cards by the species, listed on the credit card crime criminal law provisions of the credit card constitutes a criminal offense, make credit card unit should also be the subject of crime.The second part of the administrative order against national credit card crimes, the first separate analysis of forgery and altered behavior classified them, but also the crime of obstruction of credit management behavior is analyzed, and acts of possession of forged credit cards included in the possession of forged credit cards being, in the sale, purchase, for the analysis of behavior to others, that the sale, purchase, theft for others to pick up the behavior of credit card and canceled the credit card should also be punished. Of the important information contained in credit card data have been cited. The third part of the credit card as a tool or object of the criminal acts were focused analysis, using a credit card in the ATM machine and POS machines to take on the consumer and the legal relations existing for the existence of a statement made to fraudulent use of another credit card cash withdrawal at ATM machines behavior, for example, identify the issuing bank ATM machine is an electronic agents can be used as the object of being cheated, and the Pirates of the criminal law does not require credit card behavior plan identified as credit card fraud, the theft of credit card and using it to punish theft put forward their views.Finally, on the basis of the above analysis, the proposed concept of criminal law in the credit card theft and crimes committed by units and the creation of designated credit card behavior.