A Study On The Ways Of Action Concerning Credit Card Fraud Crime

The way of actions in which an actor uses the credit card for the purpose of cheating others for taking money out of it is a major factor of establishing the credit card fraud ,which may be useful for us to understand acurately the fundamental characteristics of such fraud and define the boundary between such crime and other property crimes ,especially fraud ones.There are six parts in this disertation,discussing mainly five ways of action concerning the credit card fraud.Part 1 studied the credit card itself and credit card fraud. A history of credit conceptions in our criminal law and the difference and characters of credit cards both in crimanl law and financial law has been surveyed and outlined.Part2 concerned the use of forged credit card. The forged credit card includes illegally made credit card,legally made but then forged one and that of information-falsified on a valid credit card. Its nature of a credit card dtermined that any alternation of physical constitutions and information contents is forging.Part3 was about the taking of credit card using false identification proof. Only when the falsehood of such identification information makes impossible to identify the true holder of such credit card ,such identification proof shall be false identification proof. The use of such credit card may not be a crime unless there is the purpose of illegal taking. Otherwise ,there is credit card fraud.Part 4 was on the use of void credit card fraud. The use of void credit cards includes such statutory causes as credit card of expired period,voluntarily discontinued use of credit card and reporting the loss of credit card. The altered credit card is a forged creit card. Before the bank's decision of declaring the loss of credi card,any use of other's credit card is falsely using of credit card. But after such decision ,before notice of end systems any use of credit card is the use of void credit card.Part 5 discussed the falsely using of other's credit card. In essence such use violated the will of the holder of credit card. Wherever it is placed on desk or ATM, the use of picked-up credit card would be the falsely using of other's credit card. After taking money and forgeting to take out credit card by the holder from ATM and being in waiting for taking money ,the act of drawing money consequentially,is not falsely using of credit card but secret thieving of money,then established thief crime.Part 6 was about the bad faith overdrafting while using credit card. The overdrafting shall include the overdrafting consistent with regulations and the one violating regulations. The latter may be further divided into overdrafting for illegal taking purpose and the one not for illegal taking purpose. However, the bad faith overdrafting is overdrafting for illegal taking purpose,whose subject may only be the holder of credit card. It is constructive that he or she did not repay if the holder is imformed of overdrafting.