The Analysis Of Mr Jiang's The Credit Card Fraud Case

With the increasing market transactions, we are going through from the "era of cash payments" to the "credit card era". Credit card is an important means of payment in market economy, which has become a necessity and can not be separated in daily life, because of its ease of use and favored by people, but due to some of the characteristics of credit card which make it easy for criminals to be used to fraud. The introduction of credit card fraud legislation provides the necessary legal basis for fighting against crime, maintaining financial management order, protecting people's personal and property safety in a certain extent. As credit card fraud is a new crime and is related with the credit card of own characteristics closely, combined with the diversification of criminal means, resulting a number of awareness of the problems of divergence in the theory and judicial practice. With the help of the relevant theories, the author analyzes briefly about the credit card fraud problems from the case analysis in the paper.This paper consists of three parts and the following are the key contents:The first part briefly introduced the basic content of the case and sets out the related legal issues involved in the case.The second part proposes a theoretical analysis about the relevant issues combining with the case. And put forward views on the case. Some people think that the ATM should not be victim of a swindler in the crime, while others believe that the ATM should be victim of a swindler, when the Court takes the view that the ATM is victim of a swindler in dealing with the case. The author puts forward their own view on this. I think that the ATM is victim of a swindler, because although ATM is a machine, but it is extended consciousness and thought of the bank. The scholars have been always debating the definitions of the credit card fraud, larceny and embezzlement etc. Whether the bank card of the victim left in the ATM machine is lost property or not. whether the defendant obtained the property through secret theft or fraud machines. For this, the author analyzes and compares, puts forward some views and opinions, and describes the controversy of scholars combined with the case. According to analyzing the meaning and scope of the credit card in the credit card fraud. the author makes a clear position that we should respect the original intent of the legislators, this means that credit cards include debit card. At the same time, in the analysis process, the author proposes disposal suggestions about the case.In the third part, mainly introduces the disadvantages in the legislation of credit card fraud, this accusation is easily confused with other crimes that creates difficulties for the judicial adjudication.In the fourth part, mainly is to improve the legislative proposal to credit card fraud. First the author put forward their own legislative ideas, then forced to conclude the specific design of credit card fraud crime legislation.