Study On Crime Of Credit Card Fraud

The crime of credit card fraud is a new intelligence crime which unifies the traditionalcrime and the high technology under the new historical conditions. Because the credit cardcheating crime threats to the security of assets of the bank or other financial institutions,destroys their business reputation, and even affects the country’s financial order, it is soimportant for in-depth study of credit card fraud. According to the composing factors of creditcard fraud, this article analyzes the difficult and complex problems in the judicial cognizance,and points out the defects of this crime in the Criminal Law, hoping to help the judicialcognizance.According to196of the Criminal Law on the provision of credit card fraud, the article isdivided into four parts. The first chapter mainly introduces the use of credit card fraud in thejudicial practice, and the “use” should be limited to under the normal function of credit cards.In the behavior of “using a fraudulent credit card by false identification”, the falseidentification refers only to the false identification but not the false proof of credit certificateor guarantee. The second chapter introduces the fraudulent use of others’ credit card, thebiggest controversial point is how to identify the fraudulent use of others’ credit card on theATM. This text holds that the ATM can’t be cheated, so the behavior of using others’ creditcard on the ATM should be recognized as Theft. The third chapter probes into the crime ofcredit card by malicious overdraft from both subjective and objective aspects. Twocollections should be”effective” rather than “procedural”, and “3months” should be setflexibly based on different situations. In the subjective judgment it must be based on thepurpose of illegal possession. Because of its independent recognizing standards, themalicious overdraft must be separate. The fourth chapter describes the problems of theft anduse of credit card, and thinks that Paragraph3of196of Criminal Law formulates stealing andusing others’ credit card as Theft, which is a situation of legal fiction. Because of its’particularity, such crimes done in company with others should be identified depending on thespecific circumstances.