Study Of Credit Card Fraud

The crime of credit cards swindling is a new type of financial crime. It is a intelligence crime that use the credit cart as guilty tools and crime means. In the recently years, the crime of credit cards swindling has a tendency of going up year by year, the criminal amount increased more and more. It has not only brought a great loss to our country and people, but also disrupted the financial regulatory order of our country. In our country, the criminal law of 1979 has not special provides to this problem, we added the crime of credit cards swindling when we modified the criminal law in 1997. As the crime of credit cards swindling is a new types of crime, it comes close together with the characteristic of credit card itself, and the criminal means is diversify, lead to many differences of opinion to some questions in circles of criminal theory and judicial practice. It must arouse the great attention of the legislature, the judicial authority and the department of theory research .This article mainly researches on three parts about the crime of credit cards swindling:In the first part, we introduce the crime of credit cards swindling in brief. We mainly introduce the evolution of legislation crime of credit cards swindling at home and abroad, the grounds for criminal legislation, and the implication of credit cards in the crime of credit cards swindling.In the second part, we illustrate the constitution of the crime of credit cards swindling .This part is the core of this article. In this part, we analyze the constitution of the credit cards swindling crimes by analyze the object of crime and target of crime, the objective aspects of crime, the subject of crime and subjective aspect in a systematic way. Especially emphasis on analyze the objective aspect of credit cards swindling. We discusses systematically and thoroughly four types behavior pattern of the crime of credit cards swindling especially the overdrawing with ill intentions of the criminal law stipulated.In the third part, we discuss some questions about the crime of credit card swindling in judicial holding. The article centre on how to identify the crime of credit cards swindling, ascertain the boundary of the crime of credit cards swindling and the related crime, identify the implicated offender, unfinished pattern , and accomplice pattern etc. The article apply the basic principles of criminal law to the crime of credit card swindling, have a thorough and elaborate analyze and argumentation, based on these discussion, put forward some my own opinion, these are handled easily in judicial.