Bank Card Fraud

Bank card fraud in recent years, showing a smart, professional, high-tech features, in addition to strengthening various types of punishment of such crime prevention facilities, the more necessary from the legislative point of view, improve relevant laws and regulations and intensify the crackdown. Based on this analysis of social needs and related theories, this paper addresses the following four key issues: 1. How to distinguish between bank cards and credit cards in the field of criminal law in the meaning of bank card fraud and accurate definition of the concept of crime.2. The face of a number of legislative interpretation and judicial interpretations of the introduction, how to adhere to the principle of legality is prohibited by analogy to explain. 3. For the community of new scams appearing on the means and methods, how to identify its nature. 4. In the study on the basis of domestic legislation, bank card fraud how to perfect the legislation.This paper uses empirical research, literature analysis, case studies, historical comparison and comprehensive analysis research methods. In the induction of various types of bank card fraud and cases of typical data, based on the bank card fraud in recent years reveal the characteristics and trends; in the comparison of domestic and foreign legislation, focusing on analysis of bank card fraud in the Elements of controversy problem; for bank card fraud realistic features, make the relevant legislative proposals.This paper comprises three chapters. The first chapter is an overview of bank card fraud. Mainly from the legal point of view to define the definition of bank cards and credit cards, and differences and pointed out that as bank card fraud in the absence of clearly defined area of criminal law, resulting in non-uniform administration of justice identified by a series of problems.The second article discusses some of the major banks in China Elements of card fraud in the objective behavior and the main unit. When discuss the objective behavior, focusing on analysis of bank card fraud in the use of forged bank cards, fraudulent use of other people's bank cards, overdrafts and other several malicious behaviors. In the discussion of the main unit, the focus could constitute a crime analysis unit of the main causes and theoretical controversies.This third and final chapter is to a complete set of legislative proposals to bank card fraud.