Study On Network Credit Card Fraud’s Criminal Law Properties

With the development of computer networking technology, the major banks graduallylaunched the online banking business, which results in the rising usage rates of online bank toindividuals and also enterprises.To facilitate the launch of e-commerce, it also brings somesecurity risks.The simple, speedy, convenient characteristics of online bank also facilitate thecriminals to seek huge profits on the internet, which generates the network credit card fraud.This type of behavior has serious social harm,so it is necessary to use the criminal law tocontain or prevent it.However, the current criminal law cannot regulate the fraud effectively,combined the different identifications home and abroad: the foreign legislation identified itvariously, also the domestic criminal academia and the judicial department have a lot ofcontroversies over the issue. So, this paper studies the network credit card fraud’s criminallaw properties systematically and profoundly, aiming to assist the legislative and judicialdepartment.The paper altogether is about32000words.Besides introduction and conclusion, thepaper is divided into five parts:The first part is the definition of network credit card fraud. This part introduces theconcept, status quo, forms and characteristics of network credit card fraud. Through theanalysis of credit card fraud’s serious social harmfulness, subject to punitive, as well as forcedregulation of the criminal law, the paper points out the necessity of regulating this behaviorby the criminal law.The second part is the dilemma of network credit card fraud’s criminal law regulation.This part analyzes the crimes related to network credit card like: credit card fraud crime, steal,bride or illegally provide credit card information sin, trespass on computer informationsystem crime, illegal access to the computer information system data, illegal control ofcomputer information system crime, destroy of the computer information system crime andprovisions of article two hundred and eighty-seven of the criminal law in regulating networkcredit card fraud when facing dilemma.The third part are the different views about the nature of network credit card fraud.Thispart firstly summarizes foreign countries’ network credit card fraud legislation, and it isconcluded that their identifications are different by this. Secondly, the paper summarizes thedifferent views of network credit card fraud in our criminal law academia, and then describes the situation when making judgments on similar cases in judicial practice. It can be concludedthat there exists different views of the natures of network credit card fraud whether in ourcriminal law academia and judicial department.The fourth part is the personal view about network credit card fraud. First of all,According to the network credit card fraud’s steal is electronic funds, and electronic funds isthe object of property crimes, the paper defines the network credit card fraud as propertycrime. Then in the light that the network credit card fraud is for electronic agent, andelectronic agent can be the object of fraud, the paper defines the network credit card fraud asthe fraud of the criminal law. Secondly, the network credit card fraud should be included inthe credit card fraud crime. There are four reasons for this: firstly, the fraud conforms to thecredit card fraud’s characteristics; secondly, it applies to the economic principle of thecriminal law; thirdly, it suits the principle that everyone is equal when he or she is facing thecriminal law; and fourthly, it adapts with the principle of suiting punishment to crime.The fifth part is the suggestion of network credit card fraud. On account of the dilemmaof criminal law regulation, the paper proposed to incorporate the network credit card fraudinto credit card fraud: firstly,include the network credit card into the “credit card”; secondly,incorporate the serious actions of refuse to pay into the credit card fraud; thirdly,modify thecriminal law of stealing others’ credit card and integrate it into credit card fraud.Finally, inlight of the suggestions, this aticle is putting forward the specific design of the law.