The Definition Of Online Credit Card Fraud,And The Process Relating To USBkey And How This Can Affect Bank Cards

With the development of network technology, popularization of Mobile Terminals,the diversification of modern market transactions and increased mode of payments, online shopping becomes a dominant way of purchasing commodities. Meanwhile, the commercial banks begin to offer online banking business and electronic means of payment which are safe and fast. However, the rapid development of online banking business bring conveniences to daily life, also inevitably lead to a surge credit card fraud in E-commerce. Those criminal acts not only violate property rights, but also break the regulation concerning credit card. For instance, the crimes involving a network credit card such as USBkey has grown in intensity. However, the legislation and judicial interpretation in our country is unavoidably lacking this kind of emerging crime. Also, it leads to some burning questions in the judicial practice domain. Such as, what is the definition of USBkey in judicial practice? How to apply when the judicial interpretation made by the superior court and the superior procuratorate is inconsistent with Criminal Law? What's the criteria for attempted and completed crime of credit card? Therefore, on the basis of the current law and judicial interpretation, using the method of theory and practice, the author attempts to discuss the nature of the act of using stolen USBkey for online shopping by using a real case, which took place in Qi men county in Anhui Province. In order to get a more comprehensive and objective understanding of online credit card fraud, this paper deeply discusses the definition of USBkey in Criminal Law, the conflicts between relevant laws and judicial interpretations, and their solutions, and the criteria for attempted and completed crime relating to credit cards.This paper consists of four parts and approximately has 25000 words.The first Chapter introduces the basic situation of the case, including the cause, the introduction, disagreements and the focus of the case.The second chapter is about the jurisprudential analysis on relevant issues. The author tries to define what is a stolen credit card and the general process that follows it. Then examining the different criteria for attempted and completed crimes involving credit cards.The third chapter is the analysis and conclusion to this case. The conclusion is based on the jurisprudential analysis in preamble.The fourth chapter suggests the methods to improve the situation regarding online credit card fraud. This part mainly discusses how to improve current laws and judicial interpretation, and the instructive significance on dealing with similar case in future.