Discrimination, Credit Card Fraud Problems

Along with our country economic competition strength to strengthen, the market economic prosperity, development, the credit card as the basic financial tools and means of payment has been closely linked with people's life, the credit card business in our country has been widely developed and popularized, but is associated with a credit card crime shows diversification, modernization, complicated characteristics, especially the by credit card crime is a new crime means, that in judicial practice because of the conviction and sentencing brings some new problems, the theory circle of criminal law and judicial practice not to agree, quarrel. In this paper, by comparing the domestic and international credit card fraud related legislation, in-depth analysis of credit card fraud theory problem. Then select some real typical, once resounding society a case analysis, which in some cases had been the court decision, but there are still many problems, especially about the crime of credit card fraud and larceny difference problem, hope that through the case analysis of mode put forward some personal opinions, on the theory and judicial practical benefit.Besides introduction and conclusion, is divided into three parts:The first part is a brief introduction of credit card fraud criminal law, mainly introduced the domestic and international credit card fraud related legislation of the crime of credit card fraud, as well as the basic structure, the crime to pave the way for further study.The second part elaborated the picking another credit card to withdraw ATM qualitative question, through the list of typical cases, summed up the debate, i.e., credit card fraud and theft and other distinction, and thus expand the theory, made their views.The third part focuses on using their own credit card use ATM machine fault malicious drawing qualitative problem. This paper takes Xu Ting as a case, first of all based on the case itself, combined with the divergence of opinion and judicial practice of the final judgment result, show that the theory circle of criminal law and judicial practice circle has different opinions, followed by a detailed analysis of the case, fully by theory, focuses on the crime of credit card fraud and larceny difference, put forward their own point of view.