Interpretation And Analysis On The Regulation Of The Crime Of Fraud Of Credit Card

The credit card is one of financial instruments which are, at present worldwide popular, setting all functions in payment, consumer credit services, and the function finance implement as whole. In recent years, credit card estate is expanding by leaps and bounds in our country, but still in the junior stage. At present, there are so many factors, such as that the credit card of our country management system is not enough to be perfect with a management system relatively backward, all financial institutions are not unified credit card charter, and issuing banks or the banking institution's weak sense of risk prevention that make some criminals take advantage of them. While credit card business develops, there also have been frequent cases of fraud and criminal activities about the credit card business, and the trend of crimes "intelligent" and "criminal gangs" accompanied. Therefore, making credit card fraud falls within the scope of criminal law system is the objective needs of the socialist market economic development.The first credit card of our country comes into being in 1980's, regulation in 1979 "corporal punishment" promulgating long ago without a specialty here, at this time of the credit card fraud is punished at the same way of crime of fraud in judicial practice. However, as the credit card industry in China's development, the use of credit cards for criminal activities increased. China's legislature and judiciary gradually introduced relevant laws and regulations to combat that type of crime. In 1995 Standing Committee of the National People's Congress has passed, stipulated "credit card crime of fraud" accusation and legal punishment first concretely in the 14th. Have absorbed this accusation in 1997 "corporal punishment" , credit card crime of fraud has been separated out in the crime of fraud from tradition , has given clear stipulation as an independent accusation. The "(fifth) pair of credit card crime of fraud by corporal punishment amendment" has been in progress in 2005 again the boundary fixes , imposes punishment on with being put into use having deceived the credit card behavior clear stipulation leading into being convicted with credit card crime of fraud with false identification paper. This is an objective need for orderly development of the socialist market economy, acting promptly and accurately is an objective need to combat such crimes. The reason why choosing this topic as the subject of my master's degree thesis is that the writer recognized the impotence of fighting against credit card fraud, the importance of the order of financial security. I will talks about a little personal superficial view as follows.The author divides the thesis into two major parts, is respectively: Part I, explained Elements of all credit card fraud in accordance with the relevant provisions of China's Criminal Law; Part II, do some assessment based on Part I, and submits perfect suggestion of legislation specifically for the problems.In Part I of thesis, author's gist is that important condition carries out the concept following making an explanation, but, needing to make a credit card clear before here first on every credit card crime of fraud formation.Therefore, the first problem, set forth corporal punishment middle "credit card" concept connotation and extension. "The commercial bank or having that banking institution gives out other consumes, all functions or functional electrons of part such as fiduciary loan, transfer and settlement of accounts, access cash pays a card according to that the making an explanation, credit card that 12 months 29 days 10th NPC Standing Committee carry out on the 13th time of convention are to point to a reason" in 2004. Evidently, credit card talked about by here, is together inclusively write down a card including that credit getting stuck, accurate credit gets stuck and borrows. That thinks that only, "credit card" in corporal punishment points to the credit card, allows credit to get stuck but not including taking advantage of the statement writing down a card is groundless. Next, in accordance with the four elements those constitute our common criminal theory, the first object of the crime of credit card fraud in my opinion, credit card fraud violations of the object is a complex object, the object is its main credit card settlement order, and ownership of private property is a secondary object. Some scholars believe that the object of the offense is simple object, and the harm to society can not reveal the full contents of credit card fraud. Adhere to the view that the complexity of the object, the object sweeping generalizations put the offense to the country's banking and financial system management perspective, not reveal the crimes of fraud and other financial crimes similar to the difference; Some insisted that business management system as a violation of the object of the crime, It is a crime to confuse the distinction between direct object and indirect object.The content about objective aspect of credit card crime of fraud, "(the fifth) Lieutenant General use corporal punishment amendment" list that the behavior of a false I. D to get credit card is one of several kinds of way of credit card crime of fraud, run to the stability work by striking a credit card committing a crime, protecting financial order much better to have important significance.In addition, in accordance with the relevant provisions of China's existing Criminal Law, only credit card fraud is a person, the unit can not be the subject of crime, subjective aspect being crime's turn is direct deliberately.In Part II of thesis, the author have carried out the suggestion on legislation, and brined forward self-specifically for the problem of corporal punishment middle legislation about credit card crime of fraud. This is part of the focus and purpose of this paper. The followings are some of my views on specific explanations: First, in order to eliminate the criminal law "credit card" concept of the differences, Banking Law and the Criminal Law should unify the everyday words of the bank card concept, 196th act should be amended by changed Variable credit card fraud to bank card fraud. Second, we should improve the unit offense, with a view to crack down fraudulent use of credit cards for the unit successfully. Make the norm describing the deal constitutes malicious speculation "that the issuing banks ask for debt failed"goes a step further perfect. Fourth, I believe that the act of stealing a credit card and using should be credit card fraud. Fifth, in the long run, malicious overdraft should be criminal offense separate from credit card fraud.The finality , author have talked about my own pertinent idea from legislation technology angle: Chinese financial market will open to the outside world further when five anniversaries, now that Chinese storing financial system will be confronted with austere challenge, under this background, China's criminal legislation should further improve our financial concepts, enhance technology, legislation to change from passive to active legislation, strengthen legislation scientifically and predictably.