Research Of Knotty Problems On The Crime Of Impairing Credit Card Administration

In this paper, research on the crime of impairing credit cardadministration is divided into two aspects. One is focused on analysisof the constituent elements of the crime, mainly in the second part ofthe article, and the third and fourth parts. Second is combined withproblems in judicial practice, to compare this crime and othercredit-related crimes, and on the reality of complex behavior analysis,mainly in the fifth part of the article. Therefore, the paper is dividedinto five parts.The first part is an overview of this crime. The article introducesthe concept and the constitution characteristic of this crime. Afterwards,it describes the legislative background of the crime and the legislativemode. Through a summary of the legislative history of credit card crimeas well as a comparison of China’s Criminal Law with foreign advancedlegislation. It is reasonable to pay equal attention on the results andthe behaviors for us to set up this crime.The second part analyzes the problems in the objective elements ofthis crime. Mainly includes five aspects: First,“the forge credit card”including the credit card which is falsified. Other people’s credit cardincluding the person applied credit card legally and fraudulently. Second, "holding" behaviors including "hiding"behaviors."Illegal possession" isintended to emphasize that behavior itself has no legal basis. There isno limit to the distance and number in the behavior of the "transport".Third, using a false identity is contrary to the wishes of others, andhere’s the "identity" does not include credit certificate. Fourth, thefundamental difference between "sell" and "provide" is the ownership ofthe credit card transferred or not. Fifth, analyzing the standards of the"large number"of provisions in this crime.The third part analyzes behaviors of units having a separatepersonality in this crime, which is dangerous to the community.Accordingly, it is a social reality and legislative requirements that thePenal Code should acknowledge the crimes of unit crime.The fourth part analyzes the understanding of the provisions"knowing" in the crime of impairing credit card administration. It refersto people understand the objects of their behaviors."Knowing" in thiscrime contains that somebody knows something and somebody may be awareof something. In addition, in the first case of this crime,"knowing" isa note for people to pay attention to this requirement. Although thereis no clear instructions in other situations, but those still requirepeople to be aware of their behaviors.The fifth part analyzes the differences of constitution of crimebetween the crime of impairing credit card administration and the othercredit card crimes. In this section, it also analyzes the behaviorsassociated with these crimes, for resolving the problem that one behaviorviolates multiple crimes.