Research On Judicial Application Of The Crime Of Credit Card Fraud

As an important financial instruments, credit cards have a pivotal position in the modern financialmarkets. Credit cards, which have not only payment and settlement but also credit loan functions, playmore and more important roles in modern economic development and social life. The crime problemrelating to credit cards is a growing concern in domestic and international theory and practice circles.China’s criminal law prescribed the credit card fraud as a separate accusation, which underlines thesignificance of credit card fraud. Credit card fraud is not only seriously jeopardizing the financial order,harming the interests of right holders, but also resulted in a greater impact on the social and economiclife, so in-depth study of credit card fraud has important theoretical value, but also has profoundpractical significance.In judicial practice, it is always difficult for distinction and identification on some specific issuessuch as the relations of credit card fraud and fraud, credit card fraud and theft, malicious overdraft oncollection, the amount and purpose of the decision. Based on the above considerations, the papercombined with the more typical difficult cases, in-depth analysis of credit card fraud, in order toaccurately grasp the relevant legal provisions and judicial interpretations, to provide help for theprocessing of credit card fraud in practice. This paper, in addition to the introduction and conclusion, isdivided into the following four sections:Part I: this part focuses on the background and legislative history of credit card crime legislation,and by contrast the major countries and regions of the credit card crime legislation, a comprehensivesummary and evaluation of the effect of credit card fraud was carried out in the implementation ofChina’s judicial and administrative enforcement process. In addition, the part pointed out the specialfeatures of credit card crime legislation in our country, which has a special political and socialsignificance.Part II: this part mainly discussed the relation of credit card fraud and defraud through case studiesand academic interpretation. Under the information society conditions, the relationship of credit cardfraud and defraud should be reconstructed, the former should be treated as a sin independent of thecrime of defraud. Credit card fraud has a fiction feature, a credit card fraud behavior without fullcompliance with the general elements of the crime of the crime of fraud, so there is no need fullcompliance with the general element of the crime of fraud for constitute of credit card fraud.Part III: a comparative study on credit card fraud and theft was carried out through hot disputingspecific cases, and draw the conclusion that the objects the credit card fraud violated are the order ofcredit card management and the public and private property rights, a feature that is significantlydifferent from Theft. The actions of fraudulent use another’s credit card in the ATM machine areconsistent with the composition of credit card fraud, and should be judged as credit card fraud, notbecause the ATM machine can be cheated, there is no emphasize on deception or being cheated in creditcard fraud. Part IV: A special study on malicious overdraft credit card fraud in this part: the introduction ofmalicious overdraft and Malicious overdraft provisions in "the application of law on the handling of theexplanation of prejudice credit card management criminal cases" promulgated by the Supreme Courtand Procuratorate.The paper pointed out credit card fraud is a different sin independent of defraud, and there is aCross-competing relation between them. The key differences are the object of the crime and behavioralcharacteristics. The behavior of picking up and using other people’s credit card in the ATM machineshould be judged as credit card fraud. The more clearly applicable standards were proposed in practicalproblems such as subjective, the collection and the amount about malicious overdraft. there is a bigdiscretionary space on malicious overdraft, the appropriate criteria should be set up in line with thepurpose of protection and guarantee to strengthen judicial integration.