On Several Problems Of Credit Card Crimes

Currently, with the development of all kinds of financial activities and the widespread use of the credit cards, credit card crime has been frequently encountered. It mainly includes: 1, Fraud, which means authentic applicant uses false information, or false applicant uses other person's information, or false applicant uses false information, in order to obtain credit cards; 2, Theft, which means criminal steals other person's account number and password through modern techniques, or employs a credit card which is stolen or duplicated, or forges credit cards, etc. At present, there are some difficulties in striking credit card crime, such as, 1, laws and regulations relating credit card crime are incomplete; 2, the judicial authority encounters several difficulties; 3, the managements inside the banks are imperfect; 4, the personal credit profiles system is under construction.The fifth amendment of Chinese criminal law expands and perfects the issues which include holding, transporting, selling, purchasing, supplying other person with forged credit cards; or holding, transporting blank credit cards; or selling, purchasing, supplying other person with credit cards obtained with false identity certificate; or holding other person's credit card illegally; or using false identity certificate to obtain credit cards. That is a big progress in Chinese legislation.Furthermore, the third item of the first article of the fifth amendment deters the fraud use of the credit card. Meanwhile, the second article adds a new clause on punishing the criminal using false identity certificate to obtain credit cards on the basis of the 196^th article of Chinese criminal law, which stipulates the issues on using forged credit cards.This thesis proposes some legislation suggestions on preventing crimes with credit cards through analyzing the current situation and the characteristics of credit card crimes. Through economic analysis, the thesis tries to find countermeasures and deeply analyzes several difficulties on dealing with the credit card crimes, including the object of the crime, the issues of card-holding criminal, etc.The author holds that a unique standard should be made on the subject of the credit card crimes, and that fines and property confiscation should be intensified, while restraint should be used restrictedly, and that supervision and qualification penalties be preferred. Meanwhile, in order to maintain a well-balanced financial environment, the author believes it important that the coordinating actions of interrelated departments, the speeding up of the construction of the individual's credit profiles system, the precautionary measure, good measurement inside the bank, the regulation of the business operating process, and the strengthening the card-holders' caution.