How To Define The Crime Of Fraud On Credit Card

Credit Card is playing a role as modern currency in which form banks provide simpler, quicker and safer services for customers. As an important tool in financial field, credit card is playing an increasingly important role in the modern economic life. The criminal cases by credit card are have been lingering at a high level due to some technical and managerial defects of its own, which the losses caused by the crime of credit card fraud are rising sharply and the social harm is also growing. This article will discuss the objective elements and judicial determination of the crime of credit card fraud, trying to combine the features of credit card with judicial practices in China, so as to make clear the objective elements.This thesis divides into five parts:The first part mainly introduces some basic problems about the crime of credit card fraud, including the concept of the crime and the legislative history in China. For the scope of credit card in Criminal Law, legislative interpretation has specific provisions. That is to say, the credit card in Criminal Law and the bank card in financial institutions are the same. And then this paper classifies fraudulent ways into three types according to the law: Use type of credit card fraud, false Use of credit card fraud, and malicious Overdraw type credit card fraud. Next this thesis discusses how to understand the objective elements.The second part mainly discusses"use"of the credit card fraud. The"use"must link to the basic functions of the credit card. In other word, only the economic behaviors by using the functions of the credit card are"use"in the context of the Criminal Law. The essence of the forged credit card is to fabricate credit relations between the cardholder and the card issuers. And in terms of this crime, the alterer credit card does not have real significance. The Amendment 5 to the Criminal Law provides for penalties: using a credit card obtained by using false identity certification. The identity certification must been explained strictly and does not includes credit certificate."False"is not limited to fabrication, and also includes using a credit card obtained by using others real identity certifications. Those who use invalid credit card is not limited the legal cardholder.The third part mainly discusses the falsely use other's credit cards as their own. The"falsely use"should be including two procedures inextricably: personating as other's identity and using other's credit card". Under the conditions of modern technology, personating as other's identity is generally achieves by password or signature."Other's credit cards"are limited the real and valid credit cards; otherwise, the elements would lose stereotyped function. For the three types of"falsely use"specified in the judicial interpretation, the author makes an analysis on"picking up other's credit card and using it"and"falsely use without credit card on Internet"and points the notes identified in practice.The fourth part discusses the three objective elements of malicious overdraft credit card fraud. In practice, we should combine the three objective elements to identify. Understand"exceeding the sum limit or time limit as prescribed"must distinguish according to the different features of credit card and quasi credit card. The author consider that"the bank which issued the card urges him to pay it"must exist and reasonable. The restrictions in the judicial interpretation are benefit to the law enforcement uniformly. But there is no limit to the ways. The starting punishment point of malicious overdraw is explicitly stipulated in the judicial interpretation, excluding the interest and so on. This is significant to the judicial practice.The fifth part makes a conclusion briefly and ends the paper.