Study Of Credit Card Fraud Issues

With the development of internal market economy, the credit card has been closely related with our life as a finance tool and a payment mean, at the same time, the credit card business has been developed popularly. However, problems are always along with, that is the crime of fraud by credit card with the growing trend of diversification, modernization and complication. In order to stroke the bilk, it is necessary to accurately apply the criminal law as well as to perfect the legislation. This discourse makes a profound study on crime of fraud by credit card, mainly analyzing the composing factors of crime of fraud by credit card and also make a further discuss about the difficulty and complex cases in the judicial cognizance, based on which the author proposes his view and attitude, with the hope of besteading the legislation and judicial practice.The whole text is divided into five chapters:The first chapter introduces the general situation of the crime of fraud by credit card, including the origination, developing process and the internal confine of credit card. Based on the general situation of the credit card, the author makes an analysis on the new characteristics of the crime of fraud by credit card, that are diversification, modernization & complication and he presents the inside and outside current legislation on this crime.The second chapter mainly concerns the composing aspects of the crime of fraud by credit card. The author adopts the theory of three-factors composing, stands that the prerequisites of the composing is to accept the theory legal- interests-damage, demonstrating the subject factor, subjective and objective factors. Talking the subject factor, the author discusses the reason why units should not be the crime subject of the crime of fraud by credit card in current justice; On the subjective factors, he points out that detinue is necessary to recognize bilk, proposing the judicially putative method of confirmation the behavior is with the purpose of detinue or not; Objective factors are specified the five judicial behavior ways and internet credit bilk without card, involving conception, presentation form, judicial cognizance and judge factors.The third part, discussing the cases that stealing credit card then using and picking up the credit card then using, concludes that stealing credit card then using can be recognized larceny according to the law no matter using it on ATM or shopping;in the other hand, picking up the credit card then using it on ATM can be only identified as larceny because machine can not be cheated, in the case of using it at shop or at bank counter, that is the crime of fraud by credit card.In the forth chapter, the author makes an analysis on the differences between common bilk, larceny, hindering management of credit card crime, misappropriation in duty, corruption and crime of fraud by credit card, presenting several pieces of his own idea.Last chapter is involved the suggestion on how to perfect the legislation, pointing out that as the crime of fraud by credit card essentially damages the possessions, so it should be placed in the Chapter Five of criminal law ,at the same time, supplement the crime subject by adding units in, specify the crime of internet credit bilk without card and so on.