Credit Card Fraud Crime Law Studies

With the rapid development of the credit cards industry, the risk in this field has become a prominent issue and consequently the crimes of credit cards are also on the rise. Furthermore as an emerging market for credit cards, such kind of crimes disturbs the administration of credit cards, affect the development of our credit cards industry and impair the safety of the credit-card holders’property.Relevant provisions on the crimes of credit cards have been stipulated in Article 196, Criminal Law of the People’s Republic of China and in the 5th Amendment to the Criminal Law of the People’s Republic of China. In 2009, further amendments and supplements have been made based on the former legislation in Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate of Several Issues concerning the Specific Application of Law in the Handling of Cases of Crimes Disturbing the Administration of Credit Cards (herein after referred to as the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate). The above-mentioned legislation on credit cards has provided a comprehensive guiding for our legal practice. However, with the continuous change of the form of such crimes, the current legislation has not been able to fulfill the needs of the legal practice. The judicial authorities are often stuck in the problems of the measurement of punishments for such crimes. Therefore, there are still many controversial issues in the field of the theoretical criminal laws and regulations that need to be brought to our attention and made further researches on.In this essay, the author makes his opinions on the controversial issues in the field of the fraud on credit cards based on the current legal practice of the crimes of the fraud on credit cards using the relevant research findings by the field of the theoretical criminal laws and regulations for reference. This essay consists of three parts. The first part illustrates precisely the current state of the crimes of fraud on credit cards in our country. It points out the grave situation we are face to concerning the fraud on credit cards and then raises the major issues on the fraud on credit cards in the current legal practice and in the theory researches based on our current legislations and practices.The second part mainly makes analysis of the controversial issues in the crime of the fraud on credit cards, and is divided into five respects, including first, the issue that the unit can be the subject of the crime of fraud on credit cards; second, the study of the controversial problems of the subjective element (the purpose of illegal possession) of the crime of fraud on credit cards; third, the analysis of the problems such as the collection, calculation of the amount in malicious overdraft; forth, the qualitative analysis of the behavior with a lot controversies that withdraw funds on ATM by fraudulently using others’credit cards; fifth, rethinking of the Xu Ting case. The third part combines the analysis in the second part and then makes some suggestions in the judicial practice and criminal legislation, hoping to offer some references to the research of theories in the field of criminal law.