Research On The Fraudulent Use Of Credit Card

With the development of the information age, people pursue higher pace and more convenient and quick way of life. This will drive the progress of science and technology, The progress of science and technology will also bring new opportunities and challenges for each domain. At the same time, the credit card is arises at the historic moment. Get popular in the world, and quickly led to new market demand. New things is always accompanied by conflict, as a result of the credit card is no exception. All sorts of new type of crime by using a credit card also arise, the corresponding laws also introduced subsequently. In this paper, according to China’s relevant legal provisions and some opinions of experts and scholars, combined with the authors own understanding, the fraudulent use of credit card is analyzed.This paper mainly divided into three chapters. The first part, the author mainly does analysis of the fraudulent use of credit card from the overall. First of all, this behavior includes both impersonate others identity and using someone else’s credit card. The way of pretending to be other’s identity, that is, to provide proof of identity or the password confirmation. Using is for the purpose of illegal possession. Most scholars believe that, "Credit card" don’t including forging, invalid and in false identification. But I think not. Secondly, the concept of credit card, of course, is also a focus in the study of such crimes. Academic circles have different understanding of finance with criminal law. Although the surface is different with credit card, Passbook have the same nature with the credit card,which serve as the proof of the commonly used ones in China,. Credit card information are key to the network credit card fraud, The behavior to obtain and use, of course, constitute the crime of the credit card fraud. Finally, the crime of the credit card fraud is a special form of crime of fraud, "Fraud" of these two characters is the same nature of the crime of fraud, this paper consists of three parties of fraud theory to demonstrate.The second part, the fraudulent use of credit card have many performances, the most disputed is picking up credit card to use, stealing credit card to use, and borrowing a credit card to use. To use other’s card at an ATM, the controversy focus on the theft or the credit card fraud. The root of the problem is that "machines can be duped" and the object of theft. The provisions of article 287 of the criminal law, no doubt, which provides theoretical basis to solve this problem. Get the credit card used on an ATM, according to article 287 of the criminal law, constitutes a crime of fraud of the credit card using the computer; Over the use of a natural person, according to article 196 of the criminal law, constitute a common crime of fraud of the credit card.To the behavior of malicious overdraft by borrowing card person, borrowing card people don’t have the subject qualification and form elements, and don’t constitute a malicious overdraft. But its behavior is the fraudulent use of credit card. Cardholders do not have the subjective vicious, don’t constitute a crime. But it may need to bear civil liability to pay compensation.The type of stealing credit cards to use also have controversy on the conviction. Belonging to the credit card fraud is specified as belonging to theft, by the criminal law under paragraph 3 of article 196. Scholars also gave his opinion on the terms. The behavior of stealing credit card to use is composed of two behaviors. Don’t evaluate the theft of credit card, criminal law should focus on evaluation by using a credit card. Legal fiction for theft also led to the destruction of the numerous legal theory. Therefore, the author thinks that, stealing credit card to use should constitute the crime of credit card fraud.The third part, In reality, there are always argued that suspend or attempted crime. For the fraudulent use of credit card, whether consumer payments, or transfer, withdrawal behavior person to obtain the interests of the crime to reach standard crime accomplishment. To the accomplice problem in this article, based on the real case, the author analyzes the stealing and borrowing credit card to use.