The Qualitative Research Of Illegal Acquisition And Use Of Credit Cards

The 196 th article of China's “Criminal Law" made a more detailed provisions for credit cards fraud,but there are some contradictions between the traditional type of property crime and the "fraudulent use " of credit cards fraud when human obtain credit cards through following behavior such as theft,robbery,fraud,embezzlement,snatch and other traditional property crimes,such contradictions also cause some controversy.Countries (regions) around the world have different provisions for the illegal acquisition and use of credit cards.Some countries and regions stipulate these crime behavior as fraud,such as the United Kingdom,Germany and Japan;some countries and regions stipulate these crime behavior as forgery,such as Hong Kong,Taiwan;other countries and regions stipulate these crime behavior as credit cards abuse,such as the “Model Penal Code”.The different provisions can divide as two legislative model.The first type of legislative model convict crime behavior according to the act of obtaining credit cards.In this model,the behavior that hurt the victim and legal interests is mainly illegal acquisition of credit cards,such as fraud and robbery,criminals have already hurt the legal interests when they obtain the credit cards,the later use of credit cards behavior is the inevitable consequence continuation of the previous obtaining behavior.So in this model,according to the characters of the obtaining behavior,the crime behavior should be convict as credit cards fraud and robbery.The second type of legislative model convict crime behavior according to the act of using credit cards.In this model,the act of obtaining is not a criminal behavior,such as theft,appropriate,snatch the credit cards,only the use behavior hurt the victim and legal interests,so in this model,according to the characters of the use behavior,the crime behavior should be convict as credit cards fraud.