Studies On The Basic Issues Of Credit Card Crime

As a senior form of the currency, credit card is a product of the marketization, virtualization, and integration of economy. The credit card take the credit as a foundation, while brings the convenience and benefit, also has many potential risks. Faced with the development trend of credit card crime, the crime of the Criminal Law on the credit card norms gradually perfected. Studying on the basic issues of credit card crime has the great significance to the consummation related criminal legislation and the judicature for credit card crime.Text of this paper, there are four main parts:Chapter 1, a brief introduction to the concept of credit card defined by china's financial institution, and its legislative history in China Criminal Law; focus on our credit card on the concept of reasonable interpretation of the Criminal Law, the Penal Code that the concept of credit card was difficult to explain to the public agree that weakened the crime the intrinsic value of the principle of that crimes and punishments are all stipulated by law, the rule of law is not conducive to the building of a criminal.Chapter 2 , carries on the comparison to china and the foreign about the credit card crime's on the norms of criminal law system, has studied the various acts' nature of credit card crime and the Penal Code determination ; carries on to the five counts of credit card crime characteristics of the composition of comparative study; through will match the punishment analysis proof criminal law not to counterfeit credit card's act to include the rationality which hinders the management of the credit card; Holds the substantive explanation theory, put forward the essential requirements of burgling financial institution.Chapter 3, the major views which recognized to the related judicial determination of credit card crime carries on the system to summarize, comparative study. This paper holds the substantive explanation theory, inspection criminal law terminology real meaning, with substantive, justice standard defining the elements constitute connotation and extension.Chapter 4, carries on the legal principle theory of law analysis and the related ponder to the widely-noted Xu-Ting case. The Xu-Ting case is not the typical credit card crime, but this kind of rare case actually becomes to test our country related credit card regulation system and the related criminal government by rule of law symbol case. Carries on the legal principle theory of law analysis to the Xu-Ting document, has the vital practical significance, and creates to the Xu-Ting case each kind of conflict further carries on the related ponder, also has some benefit to criminal activity government by legal construction of china.