Study Of Credit Card Fraud

This paper is edited into three chapters.Chapter one is mainly intended to analyze the criminal object of credit card fraud. It is argued that credit cards are not criminal objects in such a crime, and they should be regarded as criminal tools. And in terms of the interpretation of credit card regulation in criminal law of china, which was promulgated on 29 December 2004 by the National People's Congress, this paper also gives an understanding of CREDIT CARD specifically defined in credit card fraud of criminal law.Chapter two is addressed to identify a crime of credit card fraud. Based on article two in the fifth revision of criminal law, the author makes a further and comprehensive study on the specified four kinds of credit card criminals, named as 'using a fake credit card, or using a fraudulent credit card (applied by using a fake ID)', 'using an invalid or expired credit card', 'using a fraudulent credit card in other's name (Identity Theft)', and 'overdrawing a credit card purposely'. Moreover, in his view, the author discusses strictly the criminal of 'overdrawing a credit card purposely' and the criminal of 'using a fraudulent credit card (applied by using a fake ID)'.Chapter three is supposed to probe into the hard issues of judicial cognizance upon credit card criminals. The author has a thorough argumentation in this chapter on questioning the legislation and determining the nature of 'theft and fraudulent use of credit card'. It is argued that 'theft and fraudulent use of credit card' should be a crime of credit card fraud, not a crime of larceny. Considering a fact that there is a trend of more and more credit card criminals having been committed on the Internet, the author gives his opinion on determining the nature of such a crime. And also, the author makes a constructive and particular analysis of some other disputable criminals involved in judicial cognizance (e.g. using credit card in other's name, picking up and using credit card of others, bank staff's individual or accessory criminal related with credit card fraud, unlawful using of business credit card by card holders of crime.his/her oponion re credit card criminals having been commited). His/her advice is quite more practical and feasible injustice.