On Hot Problems In Judicial Application On Credit Card Defrauding Committment

Credit card, oriented in international trade, is a most popular mean of settle accounts. Credit card defrauding committment comes along with the creation of credit card. There are still a lot of different views on the judicial application of credit card defrauding committment, although criminal law has regulated the credit card defrauding commit in the way of listing the commit form in the no.195 article. This article focuses on the most disputable problem in judicial application of credit card defrauding commit, such as its subjective and objective constitute characteristics, existing standards, special common convict aspects, and convict a crime or not and so on. Credit card defrauding commit is an intentional convict, so its subjective aspect manifest illegal possessed manner, its objective aspect take on the forth circumstances regulated in no.195 article by criminal law. To be mentioned is not all of action are criminal action, such as in advance borrowing, down-up signing note, preparing "soft provision"and so on. As credit card defrauding committment is behavior convicttment, it is not necessary that the defrauded number is rather large. As to the external and internal conspirer, we should discriminate different circumstances. In judicial activities, more attention should be paid to the difference between credit card defrauding committment and common credit cheating behavior and transaction fault behavior, the difference among credit card defrauding committment, loan defrauding committment, and contract defrauding, and firmly believe commit pattern and commit account. From what have been discussed, I provide several legislative measures to improve the present credit card defrauding committment.