The Research On Crime Of Fraud On Credit Card Under The Environment

With the development of network technology and the popularity of computers and mobile terminals, e-commerce quickly flourished, while credit card use is also more common, bring convenience to people’s lives, but also inevitably bring e-commerce credit card fraud of flooding. With the development of the new situation and the emergence of e-commerce, credit card fraud, and should pay close attention to the legislative, judicial and theorists.Research field of electronic commerce, credit card fraud should first define "credit card" range. At present, the vast majority of quasi-credit card, the cardholder must first required that the issuing bank deposit a certain amount of petty cash, petty cash shortage when payment can be in the card-issuing bank overdraft line of credit provisions Credit Card in the true sense is far from universal. Credit card fraud in e-commerce environment based on traditional forms of some new features:Credit card fraud is no longer limited way, is difficult to achieve using invalid credit card fraud, credit card fraud money transfer to become new content. At the same time, credit card fraud under the new situation mainly for the following forms:First, after impersonation online consumer credit card, the second is the use of counterfeit credit cards and the third is to use a credit card payment.Faced with the new forms of credit card fraud occurs, the provisions of the Criminal Law of slightly lag, credit card fraud provisions of Section196can not be covered such emerging forms of crime, the law applies also appeared in the problems to be solved. Some scholars make recommendations on the creation of a special" e-commerce fraud " charges in the criminal law, but criminal law is impossible to various new forms of crime have occurred in real life into a separate crime, based on the original advocates of the statute to perfect instead of a separate new charges. Criminal Law "credit card" and the financial sector is different, which means that the credentials have overdraft feature, and this distinction in the field of criminal law is no real meaning, that the charges should include no overdraft debit card. Credit card fraud often occurs under the e-commerce environment between man and machine, electronic agent that is dealing with the situation, because the electronic agent can only work within the technical structure of this feature pre-set program, so electronic agent acts behind its consequences should be directly attributable to an individual or legal entity. I agree with the legal function of the PIN is equivalent to view digital signatures, although anyone can provide exactly the same password, but due to technical measures, to know the contents of the password is almost impossible, therefore, to use legitimate means to actually impossible to obtain the user’s password, of course, impossible to use the user’s password, user password is unique, and is a more reliable signature. Electronic funds while the crime should belong to the object, a large number of credit card fraud associated with electronic funds. There are some difficult problems in judicial practice, boundary issues such as standards consummated and attempted credit card fraud and the theft of the offense and the perpetrator implement e-commerce fraud, fraudulent electronic funds victims, the act has made electronic funds from the victim’s control, the equivalent of the property so that the actual victims out of control, has damaged the property ownership rights of persons constitutes a crime. If the perpetrator of fraud has been implemented, but found the victim in a timely manner, was exposed by the media or other electronic funds defrauded victims, the act has been the victim of the electronic funds out of control, the equivalent of the property so that the actual victims out of control, has been damage to property ownership rights of persons constitutes a crime. If the perpetrator of fraud has been implemented, but the victim promptly discovered, was the media exposure or other causes beyond the perpetrator without the will to succeed, the establishment of attempted crime. If the behavior of the victim will be conducted in fund transfers, transfers do not take the initiative to inform each other, indicating that the perpetrator has to give up crime and to effectively prevent the occurrence of crime results, the establishment of a crime to abort. If the behavior of the funds have been transferred to another person in his own account, because of fear of legal sanctions or other reasons, take the initiative to return the victim’s electronic funds, this time the victim has suffered property damage, fraud has been consummated. Return property belonging to the nature of the crime consummated after the establishment of the crime is not suspended, but at the time of sentencing to be considered as discretionary circumstances.Therefore, I propose legislation to improve the way in the creation of the relevant provisions of the Criminal Code, it is recommended to modify the charges of credit card fraud, intended to "bank card fraud" and" malicious overdraft" before adding the qualifier " using their credit cards." Use a credit card account password, or use credit information from the credit card account password legitimate generated, equivalent to using a credit card."Theft of a credit card and use its nature is still the use of credit card fraud, theft should not be recommended to delete the" Criminal Law "Section196the provisions of paragraph3.