Discussion On The Crime Of Credit Card Fraud

As a modern form of currency,credit card because of its own defects in the aspects of technology and management,it becomes a coveted target of criminals.In this paper,the author carried out a more systematic exposition on the credit card fraud,combined with the description of various bank cards usage,mainly focuses on characteristics of other people's credit card fraudulently use.This thesis is about 30000 words and divided into three parts:The first part introduces the connotation of credit card fraud.This paper believes that debit card fraud credit card should belong to the object of regulation.However,in order to make the provisions of the Criminal Code and related administrative regulations in line,in order to enable the usage of criminal law to follow the language of its own logic,the author proposed to amend the relevant provisions.Then this article demosrtate the subject,object,the subjective and objective aspects of the credit card fraud.The users(generally means unit staff)of Unit card implement the criminal act in the "Criminal Code" section 196(ie,credit card fraud)in the name of the uint.The situation in really exist and administrative laws and regulations also have the relevant provisions. Combined with the theory,this paper argues that contemporary realities in terms of legislative provisions or from the coordination measure,an additional unit of this crime are necessary.As to the object of this crime,the author agrees with the object of credit card fraud are credit card management systems and the ownership of public and private property.The second part is mainly on the specific analysis of patterns of behaviors."The use of forged credit cards,the use of credit cards in others' name" This content first to define the word "use"."Use" here,is a behavior which can achieve statutory credit card functions.For counterfeit conducts in the contentious issues-altered behavior and "burn card" behavior,this paper simply analysis this:consider:"Altered" is to change the behavior of their unessential content,so change the credit card magnetic strip should be considered as the change of the nature of the card.The conduct still be characterized as acts of counterfeit credit cards;"Burn card" behavior,due to the card itself does not have valid status,it should not be identified as fraudulent use of other people's credit card,this kind of conduct should also be characterized as the use of forged credit cards.For malicious overdraft,malicious overdraft should be limited to the the legitimate cardholder behavior and people must have the purpose of illegal possession.Objectivly speaking,malicious overdraft,"exceeding the prescribed limits" are in fact non-existent under the existing financial system,and refuse to pay back after the card-issuing bank dunned for payment is a necessary element.But for this cognizance of thatelement,it should not simply follow"time standard " or "dun for how many times" as the basic support,the two should be integrated in a more accurate characterization,this relevant legal documents need to be supported.The third part of this thesis is about the relevant question of credit card fraud in the administration of justice.First of all,the author analysis the usage of credit cards,China's bank card can be divided as quasi-credit card,credit card,debit card.In everyday use,the functions of those cards are almost the same.Only quasi-credit card and credit card can be overdrawn,otherwise, the debit card can not be overdrawn.At the same time,the use of debit card is linked with the password,and credit card usage is not the same.As the international credit card,the user only needs to sign with the same Signature on the back of the card for consuming.However, because of our country's financial system and our national credit system are not well-furnished,now,in our country,password is necessary when the use of any card.Then the thesis analysis the impersonation acts of bank cards:If you are at the automatic teller machines,only need to enter the password;If the counter at banks or merchants Department.Then there are two acts-enter password and forged signature.The behavior of entering password not only related to the legal characterization of the password,but also involves the question of fraud machine.Machine is act in accordance with the will of the people,but this will reflected in the pre-set orders and symbols.Person is only responsible for setting procedures,the specific act should be finished by the machines in accordance with the correct information anyone entered in.In this perspective,computers are not deceived,but also impossible to be cheated.For the conduct of forged signature after entering password,as there is no fraud in the act of entering a password,then such behavior is typically belongs to the interweaving of acts between fraud and other conducts.Through analysis of two examples:In the criminal violations of property rights of others,when there are other acts of fraud are intertwined with, the criminal law will only concentrate the most direct contact behavior of obtaining property.All in all,this thesis means the conduct of using other's card without signature,Of course,should not be considered as credit card fraud;When entering a password and signing in a bank cards usage process,this conduct should not be characterized by credit card fraud, because the signature is not the key to obtaining property.Fraudulent use of other people's credit card(bank card) should constitute the act of theft.Because regardless of the behavior people from the qualitative behavior,adapted from a crime point of view or from the existing criminal law point of view,such act should be convicted and punished directly Theft.The key to using other people's credit card,is the conduct of steal,it is an act of secretly stealing,combined to the analyzing the nature of illegal possession of its funds,this paper argues that the act should also be convicted and punished for theft.