On Problems Of Network Credit Card Fraud Crime

With the increasing penetration of computing network with our daily lives, the network has become a necessity of life. A new type of crime-cyber crime has attracted our attention, as an important type of cyber crime, network credit card fraud crime occupies an extremely important position in the cyber crime. The statistics show that online trading volume has reached 576.6 billion yuan in the year of 2009, with the attendance of network rampant credit card fraud. However, owing to technicality,diversity and complexity of the network credit card fraud crime, it puts forward higher demands to juridical practice, therefore, study of network credit card fraud theory is so necessary. This paper makes a deeply analysis ofnetwork credit card fraud characteristics from the perspective of a particular case. This article is divided into the following four parts:The first part makes a detailed introduction of the credit card fraud case.The second part highlights the focus of case. Firstly, the focus of the case is the characterization of a particular person's crime, namely the controversial issues between theft and credit card fraud; secondly, it talks about the identification problem of the amount of the particular crime.The third part is about the controversy and disagreemenof the case. Firstly, scholars should be set on such criminal acts of theft or a long-standing dispute over credit card fraud, however, with the emergence of network credit card fraud , the conviction and sentencing also face many new problems; Secondly, the amount of crime also finds dispute in the condition that the criminal nature of identified cases have been identified.The fourth part is the conclusions of the study. This section firstly discusses the related concepts of network credit card fraud; secondly it does deeply scholarly research on network credit card fraud conduction and in-depth analysis of the characteristics of the particular crime combined with China's criminal law provisions relating to credit card fraud. A qualitative analysis of the criminal acts are obtained by the means of using a particular way of spreading computer viruses to obtain legal cardholder credit card account number,password and taking advantage of the act constituting a crime of credit card fraud, not theft. The particular offender takes the confidence of the banks based behavior in order to "cheat", and the focus of his behavior is "cheating," while he spreads computer viruses to obtain legal cardholder credit card accounts,passwordsand he acts only for the legitimate cardholder to obtain the property preparatory acts, which does not have an independent evaluation of the value. And then, it provides the identification of a particular crime with support by learning from overseas similar crimes legislation. Finally, the paper also analyzes the emerging cyber crime and computer crime,the relationship between the issues, and further make analysis of the particular offender's online credit card fraud crime by placing on it in the category of computer network crime, which comes to the conclusion that the particular offender's conduct also constituting the crime of illegal intrusion into computer information systems, combined with the "PRC Criminal Law Amendment (7)", a further investigation about the relevant provisions of the perpetrators is conducted.