Comparative Study Of Credit Card Crime

Discussing how to standardize the current criminal law on regulating the credit card crime of inland China and at the same time drawing lessons from the relevant legislation of other countries and regions, can introduce us the direction to realize the essence and to seek settlement of disputes and to perfect legislation . This article carry out a detailed and in-depth discussion on credit card crime legislation of China, the United States, Japan, Taiwan, Hong Kong . And on this basis, the author put forward some of his own perspectives and views ,which is beneficial to China's future credit card crime legislation , prevention and punishment as well .This article is divided into four parts, about 28,000 words.The first part is an overview of the disputed issue of credit card crime. According to different criminal means, the author divided credit card crime into six types , and reviewed the academic controversy raised around the six types of credit card crime .Then, the author summed up three major problems of the essence of credit card crime's controversy. Namely, it is difficult for the existing legislation to harmonize "implicated in crime ", to obtain a reasonable solution to regulate behavior as obtaining and using credit cards of others by unlawful means, to explain the discord between "malicious overdraft behavior "with the other four forms in reason. Comparison and research of the later part mainly focus on resolving the three problems above.The second part is"the controversial essence of credit card crime". Controversial essence of credit card crime lies in misunderstanding of credit card criminal matter, ignorance of credit card Criminal target and division of credit card Criminal behavior.The third part is"the investigation and enlightenment of credit card crime abroad". From position of credit card , punishment ,supporting bill and other aspects, the author analyzed the legislation of credit card crime in Japan, Taiwan, Hong Kong, the United States and drew his own conclusion. In my opinion, the regulation about extraterritorial legislation for preparatory crime and accessory is more thorough; extraterritorial supporting legislation is more perfect; extraterritorial legislation consider the nature of the special nature of credit cards and clear the position of credit cards; extraterritorial legislation set up establishment of the special provisions for credit card crimes.The fourth part is"the improvement of credit card crime legislative proposals". In this section, the author gave some legislative suggestions. Firstly, Setting up specialized article the"abuse of credit card crime". Secondly, mainland China need to punish the person who prepared for a crime or help the offense by manufacturing, transporting, keeping, controlling or possessing machines, equipment or raw materials used to manufacture counterfeit credit cards. Thirdly, Increasing the provision" undertake the activities of credit card fraud in other ways". Last, The "Prohibition of Importation and Exportation of the PRC" and other regulations should explicitly prohibit the entry and exit of "fake credit cards, canceled credit cards, false identification card, equipment and raw materials used in manufacturing counterfeited or altered credit cards and other appliances of credit card crime " .Besides, we should explicitly regulate that the forged or altered credit cards or other payment instruments, related equipment, raw materials and magnetic records, regardless of whether they belong to the criminals, be confiscated. People who enter or exit the territory with equipment or raw materials used in manufacturing counterfeited or altered credit cards should be punished by administrative penalty. The one constitutes a crime, be convicted and punished in accordance with the relevant provisions of the Criminal Code. The author wants to resolve controversial issues with the Legislation.