The Objective Elements Research Of The Crime Of Credit Card Information,by Stealing, Buying, Illegal Providing

As technology continues to progress, credit card crime is no longer the former kind of single, low-level, crime, and now also entered the "high tech" areas showing a specialized group of characteristics, divided into a number of credit card crime parts, has a specialized division of labor between each other, which makes even more rampant criminal activities. The beginning of the criminal acts in order to crack down on credit card crime, we must from this research to steal, bribe, illegal credit card information, the Criminal Law Amendment (5)"to increase the provisions of the criminal acts," theft, bribery, illegal Credit Card Information, in accordance with the preceding paragraph shall be punished, banks or other financial institution staff position to facilitate, guilty of second crime, shall be punished severely,"from the source crack down on credit card crime.In addition to the introduction and conclusion, the body is divided into four parts.The first part is theft, bribery, illegal credit card information, crime legislation and applicable confused, this section is divided into three, the first of this crime, legislative interpretation, that the understanding of the significance of the legislature, from the beginning of the amendment promulgated, some scholars in favor of theft, bribery, crime of illegal credit card information as a separate crime, and to refute theory, reality, in order to prove that the behavior is an independent criminal acts, is worthy of careful in-depth study; followed by the application of this sin puzzled by a case in judicial practice, the lack of theft, bribery, illegal credit card information, crime awareness and understanding of the confusion: Finally, in order to resolve the confusion in the judicial practice, you should pay attention to the crime, so that identify theft, bribery, illegal provision of the importance of the objective elements of the credit card information and the need to study.The second part is the study of behavior and its significance in the criminal law. the criminal acts of theft, bribery, illegal credit card information to analyze and define three kinds of behavior of this crime, so that we more clearly this crime and its behavior. First of all, the meaning of the stolen, that the recognition of China’s theft is different from Germany, Japan and other countries, and not openly to capture the behavior identified as theft, theft of this study is the secret means and illegal invasion of financial card issuers institutions’ credit card database for other people’s credit card information. Financial card issuers credit card database is to use the data coding process, destroy the computer’s original encoding way illegal means invasive, non-normal way to decipher the computer code, into the behavior of the host computer. Here we analyzed the hacking, only the hackers of this behavior is by means of computer implementation. Secondly, the meaning and behavior of the bribe behavior. Illegal behavior, in addition to the analysis of the concept of illegally providing the main expenditure illegal provision of acts including the act of sale, rental behavior, delivery of behavior and inform behavior, and11of its analysis, but also pointed out that the illegal use of behavior does not belong to the illegal behavior, will be held by illegal conduct.The third part of this paper is to theft, bribery, illegal credit card information, the crime of the object of conduct, that is, credit card information. First understand what is the object of conduct in the criminal law, as well as the object of conduct to have any meaning, we learn through said, not any of the offenses are the object of conduct, but the behavior of objects and the criminal law protection of the law benefits there close contact, that the object of conduct to reflect the protection of legal interests, to protect the legal interests restricted to the object of conduct; followed by the understanding of this crime, the object of conduct credit card information, and finally through two Discriminate:credit card information, credit information, credit card information and personal information more in-depth understanding of the credit card information.The fourth part is a case, by the behavior and the behavior of different objects, respectively, to distinguish steal, bribe, illegal credit card information on the crime of sale of illegally providing personal information of citizens objective elements and objective elements of the illegal invasion of Computer Information System.