A Study On The Problems Of Credit Card Fraud

Credit card is playing a more and more important role in modern society.With the rapid development of the credit card business, credit card fraud has also shown multiple momentum.Article 196 of China's 1997 Criminal Code has established credit card fraud which takes an important part in combatting such crimes,then a relevant laws, regulations and judicial interpretation have been introduced later. However, credit card fraud is a new type of crime which by now seems to be shown up in an endless variety of forms, and in the mean time,there still exsits many disputes with respect of the various aspects of this crime in theory and the field of judiciary. In this article,the author makes a study on the various problems of credit card fraud and tries to figure out some legislative suggestions.The thesis consisted of five parts:In the first part, the author defines the meaning of the "credit card" in the "credit card fraud".In accordance with the financial regulations,bank cards includes credit cards and debit cards, the two of which are parallelled concepts.But credit card includes the debit card in the criminal law which claims the use of debit card credit can also constitutes credit card fraud crimes. The author agrees with the latter which believes that the "credit card" should include the "debit card",and gives an proposal of changing the names of "credit card" to "bank card" in this crime in order to resolve the conflicts between the areas of criminal law and professional regulations.The second part discusses in details of the 4 objective behavior of the credit card fraud which inclueds the use of a forged credit card;the use of a false identification or cheat to get a credit card,;the use of invalid credit card and the use of other's credit card,and give some opinions of the divisive issues.In a few difficult issues of the objective aspect of the crime,the author's main views includes:1.On the Pirates of the designated credit card,credit card fraud actions should be set; 2.To fraud, snatch, occupy or use other means to obtain the credit card of others and who uses it should be set credit card fraud; 3.The robbery and use of credit card should be set for the robbery crime. In the third part,the two issues of implicated crimes that constitutes the credit card fraud are discussed.The qualitative of the behavior of "Counterfeit credit cards and use" and "theft of credit card and use the"have raised different opinions which incudes what conviction or whether it is Implicated problems.The author believes that the former constitues implicated and the latter does not.The counterfeit of credit card and the behavior of using should to be defined as implicated or graft of credit card fraud;the theft and use of credit card can be convicted punished for theft,and the degree of the sentence should depending on the specific analysis on the different cases.The fourth part discusses the accomplice of credit card fraud, and mainly analyse the following five cases:1.The accomplice of merchants, employees and the card holder; 2.The accomplice of the holders and the staff of the card issuer; 3.The accomplice of cheating with false identification and the use of the credit card; 4.The accomplice of stealing and using credit card; 5.The accomplice of counterfeit and the use of the credit cards.The fifth part figure out some legislative proposals on the legal improvement of credit card fraud.The author first reviewed the process and history of credit card fraud and the relevant legislation, and proposed that in the current situation of high incidence of credit card fraud and the various means, the criminal law should be adjusted in due course, define the unit as the subject of the credit card fraud,at the same time,in view of the difference between malicious overdraft and many other kinds of credit card fraud,it can be defined seperately.