The Analysis Of The Huang And Zhang's Cases Of Credit Card Fraud

With the development of online bank, the boarder usage of CNT (Computer Network Technology) on banking systems, businesses carried out online increase rapidly, among which the business of Credit Card combining with the network technology thus makes the business grow fast. However, the banking system itself is high-risk-oriented, also the undeveloped usage of the advanced technology, the imprecise risk prevention of the internal banking systems along with the insufficient aspects of relevant laws, all allow the criminals take advantage of advanced technologies, such as Internet technology, to infringe on banking operation orders and the property of others. We define the criminals'behavior of approaching others'credit cards through internet technologies as Internet Credit Card Fraud, a new credit card fraud category. This new crime behavior is transnational, informational and disguised, which bring more difficulties to judicial circles.In a way of analyzing cases and linking theory with practice, this article firstly uncovers the deficiencies of the laws and banking supervision systems as well as of other aspects, then it lunches suggestions for how to enhance the prevention and control towards criminals. Firstly, the article introduces cases and summarizes different judgments in the theory research. The main disagreements are about the definitions of larceny and credit card fraud; secondly, the article discusses on experts' different opinions. Then the author analyses the case in terms of criminal constitutes and proves her own judgment. In this part, the author elaborates the difficulties such as can machines be cheated and other doubts in the cases; finally, through the analysis, the author arouse some thoughts about the cases, which include the deficiencies of relevant laws and banking managements, as well as suggestions on how to enhance the prevention measures and to protect people's lawful rights.Because the Internet Credit Card crime is a totally new criminal category, and there are some deficiencies in relevant laws, the theory and judicial circles argue a lot on it. The author would like to arouse the theory and judicial circles' attention to Internet Credit Card crimes, and their efforts on combining theory with practice as well as uniting judgment standards, based on fact, taken the law as criterion, to strictly punish criminals and thus to protect peoples'lawful rights, finally to make the banking system run in a safe, lawful and ordered environment.