Research On The Crime Of The Fraud In Credit Card

Along with the flourish development of credit card,it is harmful to the finance system, for the deceitful behaviors are more crime-ridden imposed by credit card and the trend of crime of fraud in credit card is still upwards year after year, the amounts of criminal case is greater. Because crime of fraud in credit card is a new crime which closely relates to credit card's characteristic and the methods of crime is diversified, here is much difference between theoretical circles and law practices regarding some questions. A new definition was given to credit card in the criminal law through legislation explanation in the November 2004, another complementary content to the crime in credit card was given according to the passed in the February 2005. These new regulations and explanations will push the research in the crime of fraud in credit card to a high level, in the other hand, the wide space of research in the crime of fraud in credit card is available.This article tries to explain some questions of the crime of fraud in credit card on the foundation of previous research, in order to be rightly applied in judicatory and research deeply in the crime of fraud in credit card. The article puts the emphasis on the impersonality in the crime of fraud in credit card, I wish it will benefit the law practices and legislation.This article consists of three sections besides introduction and epilogue.The first section is introduction of the crime of fraud in credit card. At first a brief introduction about foreign legislation of the crime of fraud in credit card and evolvement of legislation in the crime of fraud in credit card in China. this article argues that it is necessary that criminal law intervenes the behavior of irregularity and delict in the circle of credit card, because of serious dangerous to the crime of fraud in credit card. Furthermore, the crime of fraud in credit card in our country is characterized by stride territory, internationalization and high-technical. In the end of this section, the author emphasizes the definition of'credit card'in the crime of fraud in credit card. The second section is the analysis on the means of objective behaviors of the crime of fraud in credit card. Regarding the impersonality of the crime of fraud in credit card, the article argues that the definition of'use'in the crime of fraud in credit means cardholder's use of credit card to obtain property or service by their own desire. The"forge credit card"implies the fake credit card produced by a person or a firm who isn't authorized by finance administration and imitates true credit card through kinds of illegal methods'Using a pseudo certification of identity to deceive and use credit card to cheat'behaviors can be divided into two aspects: One is swindling the credit card and using it by faking an ID card of a nonexistent person .Another is swindling the credit card and using it by using the other's ID card information who doesn't know the truth. Whether the pseudo'credit card of others'only is a valid credit card rests on pseudo-doer's knowing the credit card is forged. The body who vicious overdraws can only be the one who is legal cardholder that the person who overdraws not giving funds back is the requirement of this crime. So, in the common situations, the cardholder shouldn't assume criminal liability because the person who gives funds back isn't the cardholder.The third section is the analysis on compounding behaviors in the crime of fraud in the credit card. The article argues that the behavior of thieving the credit card and using it conforms completely the fraud characteristics, it should be treated as the crime of fraud in the credit card But under the circumstance of the penal legislation now, it should to be punished by the crime of theft according to legal principle of crime and punishment, this problem can be resolved after revising criminal law the behavior of picking up the credit card and using it is the crime of fraud in credit card. The Behavior of forging the credit card and using it is the crime of finance security forgery. The person who forges the credit card and uses another credit card should be convicted of the crime of finance security forgery and the crime of fraud in credit card.The final section is a conclusion.