Credit Card Fraud Crime Cognizance And Prevention

As process of global economic integration deepen countries and an unbalanced economic development, the financial sector of the illegal crime is has diversified development trend. Credit card crime increasingly rampant pattern in the new is under the background of the prominent phenomena appear. This article through to credit card fraud the cause of the crime, structure, judicial cognizance and prevention research aspects for the credit card of crime legislation and prevent made the proposal, and this for our country's economic construction and realizing economic sustainable development, has the important practical significance.Based on credit card fraud crime as the research object, to explore the causes of the credit card fraud crime, structure, judicial cognizance, aims to explore the credit card fraud crime that the deep reason and the principle of crime and crime, looking for the difference between the diversity and credit card fraud crime, so as to credit card fraud crime legislation and guard provide strong theoretical basis. Due to restrictions on credit card fraud crime, I know mainly comes from the network, the press and the municipal economic crimes investigation brigade of indirect experience criminal case, etc. In this paper the writing process, the main use a literature method, content mainly around credit card fraud crime meaning, structure, network card fraud crime, credit card fraud criminal punishment applicable, legislation and protection of several aspects. Main research was:1. According to related theories and western economics of punishment law knowledge about the source of credit card, to conduct research and development to credit card fraud crime, and the "credit" and the traditional credit card distinguish between, also will credit card fraud crime from traditional fraud in isolated, on credit CARDS and credit card fraud crime a detailed understanding of the meaning. 2. The method of literature the structural characteristics of the crime of credit card fraud and judicial cognizance the concrete exploration. Conclusions have, (1) credit card fraud crime subject can either by the unit, also can constitute by natural persons constitute; (2) cheat brought people cannot be malicious overdraw crime subject; (3) credit card fraud in the subjective aspect is the actor, and directly intentionally with the purpose of illegal possession. Although the criminal law, this crime in the revised indictment did not make clear a regulation in the purpose of illegal possession. If the actor doesn't have the purpose of illegal possession, cannot constitute a credit card fraud; (4) credit card fraud is an integration of financial crime and infringe property ambiguity archery target specific crime; (5) use alter card should belong to "use counterfeit credit card". Because the altered in accordance with relevant regulations, of course, card be nullified, but alter is the real credit card in the void of counterfeit behaviors relevant information alter absolutely invalid, the reason is that credit card. And void credit card is real credit card for legal reasons be nullified, not is invalid abolition; (6) accurately identified the credit card malicious overdraw. This is due to its credit card to distinguish with the sin malicious overdraw fraud has great significance; (7) network card fraud crime manifestation, the correlative criminal legislation and perfect. (8) our credit card fraud criminal punishment applies.3. According to explore analysis; the paper summarizes the characteristics of credit card fraud crime from the practice of feasible Suggestions.The innovation of this paper lies in:(1) increase the first 196 out terms. Criminal law article 196 bar is currently only provides four fraud way, this also means that once appear the dangers of using credit CARDS implementing new behavior. If in strict accordance with the principle of legality, the only to do with ordinary fraud evaluation. To this, with the first phase of the relevant 196 near the crime of fraud of the loan and the relevant 1/c 193 where the first 195 fraud by lists type provisions were added "outside" so of by other means to avoid Succoth out terms, and the longitudinal criminals 196 does not include similar out the provisions of the existence of certain must say the omissions; (2) establish a "personal credit system" to credit card as the carrier and the core in the nationwide to establish a network, realize all credit card reflects individual credit data national exchange and formed a nationwide personal credit information center, to realize information resources sharing, and set up a complete system, personal credit risk jointly ward. All this is credit card business needs and development trend of economic development, but also maintain normal order and ensure the economic rapid and stable development needs.