Study On Credit Card Crime Of Fraud

The credit card crime of fraud is one kind of financial crime of fraud which separates from the traditional crime of fraud, is takes the guilty tools and the crime method one kind of intelligence crime using the credit card. In recent years, credit card in our country rapidly expand and widespread use, but because our country credit card system is not perfect, the regulation is not unified, the bank internal surveillance restricts the mechanism not perfectly and so on many cracks, provided the opportunity to be exploited to the criminal offender, the credit card crime of fraud has become rises the situation year by year. As one kind of new crime, it with credit card own characteristic connect closely, in addition its manifestation complex diverse, in the cause criminal law theorists and the judicial practice are big to its basic question's understanding difference, to raise the judicial level, and courses thoroughly to this crime's research, The author especially take this as the selected topic, makes the trifle discussion to the credit card crime of fraud's aspects, expected that has a benefit to the criminal law legislation and the judicial practice.This article besides the introduction and the conclusion, altogether divides into the following six parts:Part I: Credit card crime of fraud outline. This part elaborated the following two aspect content: First, briefed the credit card cheating crime present situation; Next, has limited the credit card crime of fraud concept.Part II: Credit card crime of fraud crime constitution. This part is this article hard core, separately from the criminal object and the crime object, the crime objective aspect, the subject of crime, the crime subjective aspect elaborated the credit card crime of fraud crime constitution. And has discussed the credit card crime of fraud objective aspect with emphasis, to the criminal law stipulation's credit card crime of fraud's five behavior way, the evil intention overdrew particularly carries on elaborated exhaustively.Part III: The credit card crime of fraud judicature recognized. Of this part mainly revolves the crime boundary of with the non-crime, boundary of this crime and the other crime, the credit card crime of fraud completes the shape with not to complete the shape, crime of number shape the credit card crime of fraud, accomplice of shape the credit card crime of fraud and so on, has carried on a more exhaustive analysis and the proof, proposed own opinion, have the strong judicature to be operational.Part IV: Credit card crime of fraud legal responsibility. This part has made the brief elaboration on the credit card crime of fraud's legal responsibility.Part V: Chinese and foreign credit card crime of fraud legislative comparison. This part introduced the Chinese and foreign about the credit card crime of fraud's legislative survey, and have carried on the comparison from three aspects.Part VI: Our country credit card crime of fraud legislative consummation. This part in the preamble to the credit card crime of fraud elaboration's foundation, proposed the corresponding legislative consummation to it.