Research On The Fraudulent Use Of Credit Card

With the continuous development of commodity economy, credit card as a simple and convenient way of payment and settlement, has spread all around the world. It is because of the popularity of credit card payment method, resulting in more and more credit card fraud crime happened. Pressure on the management of credit card fraud crime in our country is bigger and bigger.Using other people's credit card as one of the most common kinds of credit card fraud crime, its related problem is there are many disputes in theory, cause the confusion phenomena in the judicial practice guidance. In view of this, this article will be to do in-depth research on the type of using other people's credit card.The thesis is divided into four chapters. The first chapter is about the fraudulent use of credit card, introduces the legislative situation of the fraudulent use of credit card in China and the reasons that stipulate the crime in criminal law.At the same time, by interpreting the constitution of the crime of using other people's credit card, expounds the essence of it. In addition, the author interpret the connotation of the credit card, think that credit card includes credit card with overdraw function and ordinary debit card, and credit card must be real and effective.The second chapter do the key analysis for three specific types of the fraudulent use of credit card. The author thinks that using a credit card in an ATM belongs to the fraudulent use of credit card, instead of stealing. To defraud and get the credit card and use can't blind to use the rules of the third paragraph of article 196 of criminal law, and should be considered as the fraudulent use of credit card. Whether it is legal to get the credit card information, using the credit card information on the Internet, communication terminal all constitute the fraudulent use of credit card.The third chapter involves three kinds of behavior of using credit card: Stealing credit card and using?robbing credit card and using?stealing credit card and paying. Stealing credit card and using should be considered as theft in the judicial practice according to the third paragraph of article 196 of criminal law, but belongs to fraudulent use of credit card in the legal theory. Robbing credit card and using should analysis the nature of the crime according to the time of using the credit card. If using the credit card immediately should be considered as the crime of robbery, If using after robbing, we should analysis according to the nature of robbing. If simple robbery of credit card constitute crime, then combined punishment for several crimes. or only considered as the fraudulent use of credit card. Stealing credit card and paying belongs to the fraudulent use of credit card.The fourth chapter will analyze the crime stop form of fraudulent use of credit card and introduces the symbol of starting to commit and finishing a crime. To fully interpret the crime stop form of the fraudulent use of credit card.