Research On Judicial Recognition Of Credit Card Fraud

With the rapid development of economy in China,credit card,a convenient payment electronic card,has been widely used and popularized.But behind this phenomenon is the frequent occurrence of related criminal acts,which can be said to be a serious infringement on the interests of the people's property and the national financial order.Although China's Criminal Law criminalizes credit card fraud independently,the relevant provisions are still vague.First of all,there are differences on the meaning of "credit card" in the crime of credit card fraud,and it is more in line with the legislative intention of our country's Criminal Law to make a broad understanding of the meaning of "credit card".Secondly,China's current Criminal Law clearly stipulates that there are four types of credit card fraud crimes.But the common problems in practice include the theft of credit cards and the use of behavior.The review of objective behavior standards can be said to be an important measure to further crack down on credit card fraud crime is also an important role.Therefore,by referring to the research of the above objective behavior in the field of theory and judicial practice,the author summarizes the views of relevant scholars,and then puts forward some suggestions,hoping to be helpful to the determination of the above-mentioned acts in the judicial practice.Again,with the rapid development of economy and science and technology,the network payment emerged as the times require,but the Criminal Law of our country is not clear about this,through the research and analysis of the current judicial reality It is more reasonable to consider the behavior of the third party payment in the new environment as the crime of credit card fraud.Finally,in practice,the phenomenon of unit involved in credit card fraud is becoming more and more prominent,but the criminal law of our country does not regard the unit as the subject of this crime,so the legal status of the unit subject should be affirmed.And put forward the crime of credit card fraud unit to set the legal penalty independently.