Credit Card The Illegal Use Of Legal Studies

Credit card originated in the United States in 1915, China’s first credit card in June 1985 issued by the Zhuhai branch of Bank of China. Although the credit card market in China started late, but the momentum of rapid development, has gradually become the world’s fastest growing credit card business, the biggest potential market. However, corresponding to, our credit card business credit card legislation has not kept pace rapid development. As China’s current credit card transactions with related laws and regulations are inadequate, leading to a large number of legal disputes to cases of credit card. Along with China’s financial modernization and increasing levels of electronic, illegal use of credit cards, credit cards criminal activities using more and more, the means are becoming increasingly diverse, complex, high intelligence, the stability of our financial order, the Shanghai "four centers," have a negative impact. Illegal use of credit cards systematic study of the problem, analysis of the current lack of relevant legislation, drawing on advanced practice, help to clarify the legal relationship between the credit card, the distinction between various types of crime or credit card use, this crime and Peter crime, help increase Large credit card crime crackdown, regulate the credit card market management, and promote the healthy development of China’s financial order.This paper selected credit card fraud, malicious overdraft and cash behavioral study, by the above acts of civil and criminal liability of the study, to clarify the administration of justice-related issues encountered in practice, analysis of China’s current situation and credit card legislation defects, and improve our proposed legal system, credit card opinions and suggestions.This paper is divided into five chapters.The first chapter is an overview of credit card. The basic principle of this chapter, starting from the credit card, introduced the concept of credit cards, functions, methods of payment, and credit card issuers, cardholders, merchants basic legal relationship between the introduction.ChapterⅡfor credit and legal liability of fraudulent behavior. This chapter from the credit card fraudulent use of the meaning and form of behavior, analyzes the case of a credit card was fraudulent, the cardholder, card issuers, merchants, civil liability, combined analysis of two types of judicial practice, the law does not clearly defined risk with the conduct of criminal liability.ChapterⅢof malicious overdraft and credit card liability studies. This chapter from malicious overdraft credit and types of meaning analyzes the case of malicious overdraft and credit card, cardholder, card issuers, merchants, civil liability and criminal liability from the perspective of the behavior of malicious overdraft credit card "holders card "and" illegal possession for the purpose ", the effect of bank collection and analysis identified the amount of overdraft.Chapter acts as a credit card cash and liability study. This chapter acts from the meaning of cash credit card and the main mode analyzes the case of cash credit card, cardholders and merchants of civil liability, and "whether the conduct of credit card cash elements of the crime of illegal business," "on the judicial interpretation different understanding of the retroactive impact of the Criminal Code,"" credit card also acts on behalf of the handling of "other issues were discussed.ChapterⅤof the status quo of China’s legal system and improve the credit card. Introduced China’s current credit status of the legal system and the flaws, and by comparing the experience of other countries of advanced practice with regard to improving our credit card legal regime.