Research On The Problem Of Credit Card Fraud

Credit card is a kind of modern payment forms. The card issuer has defects, so it become criminals’ object. This paper compares the credit card fraud system, mainly discusses the behavior of malicious overdraft of credit card and using ATM, hoping to give advice to the cognizance of the credit card fraud and legislation.This article is divided into three parts:the first part is an overview of credit card fraud, this paper argues that the criminal law’s sense of credit should contain debit cards in order to discourage the credit card fraud. The second part is the constitutive requirements of the credit card fraud, the author discusses the object, objective aspect, subject, subjective aspect in detail.About the object, the author thinks that it is complex criminal object which contains primary and secondary points, the credit card management system is the main object, the ownership of public and private property is the secondary object. The third part is the difficult judicial cognizance of the credit card fraud,which mainly discusses the type of malicious overdraft credit card fraud and criminal behavior by means of ATM. About malicious overdraft, the author thinks that the malicious overdraft of "beyond the norm set" does not exist. About the criminal behavior with ATM, the academics debate on the property of ATM, the author puts forward his own views, he advocates that ATM is not simple machine but be independent with artificial intelligence.it is engaged in trading and be involved in every transaction on behalf of the bank. So there is the possibility that the ATM can be cheated.