Fraudulent Use Of A Credit Card Type Of Research Fraud In Electronic Commerce

With the popularity of the development of Internet technology and computers and mobile terminals,the national "Internet +" introduced top-level design,the rapid rise of social online shopping and overseas online shopping,urban and rural residents' disposable steady revenue growth,online shopping has become netizens' normal and regular phenomenon.With the rapid development of e-commerce,Credit Card becomes more and more widely used.The rapid development of a new thing will inevitably lead to a series of new social conflicts and legal issues.Credit card brings convenience,but also inevitably makes e-commerce become a hotbed of credit card fraud.Under this New Normal in information industry,mobile e-commerce,as an important part of the emerging industry,its impact on economic and social life is increasing,and it becomes an important driving force for China's economic development.How to solve the problem of credit card fraud in E-commerce environment has become a critical issue in crime law with great social significance.Credit card fraud is a crime act using identity theft.In the e-commerce environment,fraudulent use of credit card shows differences when comparing with traditional fraud,like card-not-present only with related information to commit the crime.Today,E-commerce cannot be stopped with the rapid development,thus the practical significance and legal sense greatly reside in uncovering fraudulent cover of credit card fraud,studying in-depth and analyzing the accuracy of identity theft and unauthorized fund transaction for payment or Alipay.This paper expands the research on Zhang's credit card theft and fraudulent use to Alipay consuming to unveil the crime in E-commerce.This article,basically in accordance with the idea of "Posing question-analyzing-problem solving",consists of four parts.The first part is to tell and introduce the case,the crime act of Zhang's identity theft and credit card fraudulent,disagreement and argument points.Two acts are involved in this case,one is identity theft of credit card information for unauthorized Alipay charge,the other is credit card fraudulent,and both the two acts are under argument.Some regard the two acts are theft behaviors,while others agree to fraud.Therefore,two questions are there to solve,how to define and which law to adopt.The second part is to analyze the arguments.Following issues are to be researched and discussed: Detailed information and comprehensive introduction of the case;credit card related knowledge;object of credit card fraud from the view of Crime Constitution Theory;object in E-commerce,nature of obtaining credit card information and subsequent “steal”,“cheat” and “identity theft” of others' fund and property.The third part is to conclude the case.The key arguments are: How to define the nature of Zhang's crime act,property torts or disrupting the financial and banking order;how to define the crime means,fraud or theft.Through analyzing the theft and fraud definition of credit card,it is to conclude that the objects of Zhang's crime acts are credit card management system and public & private property right,and to use others' credit card is the means to commit crime.Based on the Crimical Law theory and case facts,the two acts of Zhang are to be determined as credit card fraud,and Supreme People's Procuratorate of Several Issues concerning the Specific Application of Law in the Handling of Cases of Crimes Disturbing the Administration of Credit Cards shall be applied as described in Article 5 “(3)obtaining the credit card information of another person by theft,purchase,fraud or any other illicit means and using it via an Internet or communication terminal,etc.;”.The fourth part is the enlightenment form the case.We need to address the fraudulent use of credit card fin e-commerce environment through the improvement of the crime legislation,modifications in the law and case guidance and other means,in order to better respond to new legal problems in the new era.