Though the Criminal Law of our country has made clear and concrete regulation to the Crime of Swindling with the Credit Card, but it has many defects that are unable to be remedied through explaining on the behavior of swindling with the credit card, unfavorable to punishing and taking precautions against the crime of swindling with the credit card effectively, it is imperative that the legislation of the crime of swindling with the credit card should be perfected. The Criminal Law of our country has made enumerating regulations to the using type credit card on the crime of swindling with the credit card. But the enumerative stipulation is too clear, it can't prescribe the new forms of swindling with the using type credit card, the obvious careless omission exists. Propose setting up regulation that "use the adulterated credit card, the network credit card to swindle". The behavior of swindling with the malicious overdrawing type credit card doesn't have the nature of swindling; it doesn't belong to the kind of swindling. Moreover, compared with foreign legislation, the crime of swindling with malicious overdrawing type credit card seems to have some lagging in our country; it should be established as a crime separately. Have the crime concretely as follows: "Article 196a: The holder overdraws maliciously, if the case constitutes a crime, punish according to the regulation of Article 196". Regarding the behavior of stealing the credit card and using as a fictitious regulation, the 3rd paragraph of Article 196 criminates itparticularly: Those who steal the credit card and use should be criminated and punished according to Article 264 of this law. The author proposes that the behavior of stealing the credit card and using doesn't constitute larceny but constitute the crime of swindling. According, the fictitious regulation of the 3rd paragraph of Article 196 should be changed into a notice regulation, namely: "steal credit card and use, punish according to the provisions of the preceding paragraph ".
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