Study Of Credit Card Fraud

With the fast development of credit cards business, law-breaking by means of credit cards is rampant. In 1979, the criminal law made a relevant decision which defines law-breaking by cheating with credit cards and its relevant punishment and the crime was added to the decision on the punishment of Law-breaking in banking by the standing committee of the National people's congress on 30, June, 1995. In 1997 this Decision was assimilated when the constitution was amended. Law-breaking by cheating with credit cards is new and diverse, which is closely related to credit cards themselves. The author has chosen this topic for further study so that we can get rid of divergence of views about the related questions both in theory and the execution of law practice and improve our ability for the execution of law practice.The dissertation consists of five parts:In the First part, the author expounds the basis for criminal law-making for law-breaking by cheating with credit cards and the necessity for separating cheating crime by means of credit cards from cheating crime in general.The second part discusses the implication of credit cards in law-breaking by cheating with credit cards. In the Measures for the Management of Credit Cards Business issued by people's Bank of china in 1996, credit cards consist of Credit Card and debit, but The Measures for the Management of Bank Cards Business issued in 1999 limits the implication of credit cards. In author's opinion, credit cards should include debit card.In the third part, the author illustrates the conception and the component features of law-breaking by cheating with credit cards. The author's views are as follows: (1) the targets for law-breaking by cheating with credit cards are bank credit materialized in nature. In another aspect, they are money, commodity currency, customers' labor and service and credit cards themselves. The object being attacked is a complicated one which refers to the State's management for bankcredit cards and the ownership of private and public means.(2)In terms of objective parts, a detailed discussion is given to counterfeit, invalid credit cards and those credit cards which are falsely claimed by others and malice overdraft. (3)The objects of the crime also include working units besides the natural persons mentioned above.The fourth part expounds problems related with law-breaking by cheating with credit cards. The author's views are follows: (1) to delicate others' credit cards should be defined as forging behavior. (2)To steal and use credit cards should be regarded as law-breaking by cheating with credit cards and the 196th Item in Criminal Law should be deleted. (3)To claim by cheating, alter and pick up others' credit cards should not be considered as criminal act Stated in the 196th item in the Criminal Law and should be added. (4) Special customers and working staff repeatedly use credit cards; obtain the money from credit cards against law should be regarded as law-breaking by cheating with credit cards. (5)To steal the magnetic stripe information from credit cards should be considered as preliminary crime. (6)This dissertation gives a detailed account of the different occasions on which the working staffs in financial institutions embezzle credit card property.The fifth part expounds the room for improvement in terms of legislation of law-breaking by cheating with credit cards. Our views are as follows: the person who is involved in law-breaking by cheating with credit cards should be punished severely in accordance with all of his crime.