Study On No-card Credit Card Fraud’s Determination Of Criminal Law

With the continuous development of electronic commerce, the mode of payment has achieved great progress. The payment without the credit card has become an important direction of non cash payment instruments. However, due to the security protection of the environment of payment and related legal guarantee system need to be improved,more and more network crimes are spreading. Of them, no-card credit card frauds show a trend of frequent which has a variety of forms. And it brings more and more farms and serious legal issues. The domestic and international legislation on the provisions of the crime are not the same, and domestic criminal law scholars and judicial practice department also have the huge difference in the determination of criminal law.In view of the importance of personal identity information in people’s normal life, in the face of the fact that no-card credit card fraud is more and more serious, the author chooses the determination in criminal law of no card credit card fraud as the research object. The paper tries to give a clear definition of the no-card credit card fraud in our country. Based on this fact, the paper which combines with the specific situation of the domestic and foreign judicial practice will has the study of the regulations of the criminal law in-depth and gives feasible suggestions in how to improve the regulations of criminal law.The content of this paper mainly includes the following four chapters:The first chapter is an overview of the no-card credit card fraud. Divided into two parts, the first part introduces the characteristics of no-card credit card fraud behaviors. And the paper illustrates the no-card credit card fraud through a typical case. The second part mainly introduces the prevention and regulation of all countries in the world and also has a detailed analysis of China’s legal status. To prevent the system card credit card fraud and the insufficiency, the related legislation in different countries including China will be compared. At the same time, the author needs to find out the advantages of the criminal legislation to our country.The second chapter is the discussion of no-card credit card fraud criminal regulation dilemma, including the differences in our country criminal law theory and the judicial practice of the criminal law. As well as the plight of China’s criminal law regulation, the scope of no-card credit card fraud is too narrow. No-card credit card fraud has links of problem and the application of the relevant amendment.The third chapter first mainly discusses the problems of legal application including the nature of no-card credit card fraud, the legal nature of the electronic signature law attribute, the legal status of electronic agent, credit card information in the scope of discussion. Secondly this paper finds the views on non card credit card fraud criminal law, and finally on how to improve our system of criminal law and puts forward some suggestions and countermeasures, including the discussion of non card credit card fraud criminal law significance, and how to improve the criminal law to regulate non card type of credit card fraud are elaborated, including legislative mode the criminal law changes, etc..For the type of credit card fraud, the author believes that is consistent with the characteristics of the crime of credit card fraud, although credit card related judicial interpretations will have no part form card credit card fraud crime of credit card fraud is covered in the scope of regulation, but is not comprehensive. This paper advocates the expansion of "criminal law" in the crime of credit cards swindling "credit card", the crime of credit card fraud to regulate non card credit card fraud behavior, and the "criminal law" the third paragraph of article 196 th of the regulations of "stealing credit card and using fixed theft," modified, modified as "the credit cards are not applicable, credit card fraud".