New Interpretation About The Crime Of Credit Card Fraud

As a result of the rapid development of financial market, credit card fraud is derived and provide a new perspective about the study of diverse forms of the crime for the contemporary scholars. All along, as a special crime of fraud, the related academic research on credit card fraud are based on the theory of the crime of fraud. However, the traditional theoretical reasoning in solving such issues on this crime as behavior patterns, the law of the relationship between the logical premise, the new type of credit card violations become less clear and even contradictory. Although, in the terms of the single case and its behavior model, the nature of the current theoretical research and practice in the judicial operation can play a role in solving the problem. But as a kind of financial derivatives, and our country is even still out of the initial stage of development of the capital market, the future of finance fraud crime will inevitably towards the direction of development that it is difficult for the human to understand.Therefore, to clarify the nature of the crime, relying on the financial foundation, rather than investigate the crime only in a separate framework of the criminal law and only in the pursuit of this crime and the convergence of ordinary fraud. In fact, the credit card fraud crime has not been enacted in a single independent law in developed countries yet. Whether the characteristics of the "fraud" itself can fully explain the fraud in the financial field, or need to be carefully discussed in the context. The research of “Malicious overdraft of credit card fraud” is also increasingly inclined and non-fraud and other objective facts seem to inspire us that the need for a new perspective of this crime understanding and interpretation. The author attempts to complete the credit trust cycle as the starting point, relying on the current theory of the crime of some of the controversy as a breakthrough, carrying out the expansion of the thesis. This thesis is divided into four chapters.The first part of the article will discuss some controversies of the credit card fraud from the point of the current theoretical circles to reflect on whether the current seemingly perfect research and practice can achieve the standard of the same and logical clarity. The main content will cover such issues as the logic features of two behaviors from the relationship between the fraud of credit card and the law of common fraud, the practical significance on the distinguishing of common crime of fraud the crime object according to its characteristics from the current laws and regulations, the impact of the constitutive elements of the crime of fraud property from the point of the malicious overdraft behavior model, the legal basis of the civil and commercial credit card fraud from the basic legal relationship support. Finally, it comes to the conclusions that the credit card fraud cognition is in the existence of standard chaos and the "patch" of the situation.The second part of the article will discuss the difference of the definitions of the "destruction", "fraud" and such terms from the context of legal terms. At the same time, to explain the origin of the object of fraud and in order to explain the difference between "fraud" and "cheat" with the combination of philosophical understanding. Finally, the conclusions will be that the use of credit card fraud is more satisfied with the crime than credit card fraud.The third part of the article will explore the behavior mode of this crime and the shortcomings of the current legislation from the financial and legal protection mechanism with the credit trust model. Among them, through the contrast of the "one-way" credit cycle model and the "two-way" credit cycle model, considering the current crime in the pursuit of theoretical interpretation and judicial guidelines on the same and "compromise" point, the author will criticize on it and put forward new ideas.The fourth part of the article will interpret some new hot issues of this crime with the new understanding. To find the significance of credit card financial activities from the view of "cash" behavior, the writers also want to put forward the theory of its issues. Also, the trends towards the development credit card business activities becomes "no card", it means that the current behavior of this crime is bound to lag behind the development of the actual situation of credit cards. According to that, we need to update the knowledge of this crime, so that the new idea to go before.