The Determination Of The Crime Of Credit Card Fraud Under New Payment Method

Nowadays,with the continuous development and progress of network information technology,a series of new network payment methods appear,the rise of electronic payment platform,the innovation of Internet big data and other technologies.New network payment methods are gradually regarded as the initial form and the current important form of Internet finance,and the increasing popularity of mobile smart phones is accelerating the development of Internet and its end The development of terminal platform makes the popularization of new network payment more extensive.And the emergence of new things will have many positive and negative effects.On the positive side,this online payment method has brought great convenience to our daily life,and also reduced some frequent cash theft cases.But at the same time,some new criminal ways and means have been born.We have to pay attention to the fact that the number of fraud cases committed by some criminals using credit cards is increasing.From another point of view,one of the characteristics of the law is the lag.After some social phenomena appear,the law will be amended and formulated.In the period before the promulgation of the new regulations,many lawbreakers will try to exploit the loopholes of the law.Compared with the traditional physical payment methods of paper money and credit card,can some emerging electronic mobile client payment be identified as virtual credit card,as well as how to distinguish different cases of using the Internet to transfer other people’s property behavior how to identify.The new online payment platform does not exist in the form of financial institutions stipulated by the current law,and the regulatory norms and rules are relatively blank,which often leads to the situation that the supervision is not in place,and there are many vacuum areas in the supervision,which leads to the lack of effective control of the criminal risks involved in the new online payment.According to the procedure of online payment,these online payment platforms have a large amount of Citizenship Information and relevant data.The personal information security of consumers and operators even involves personal interests,which may be in a state of infringement at any time,which has to be paid enough attention to.In addition,the constitutive requirements of the crime of credit card fraud are complex,and various situations in practice are also more complex.In the process of applying the law,there will be many problems.Just like the payment software of various new payment platforms and mobile clients recently,there are two different views on how to identify the nature of some payment software with the function of "consumption first and repayment later" similar to credit card,which are traditional credit card or virtual credit card,Because of its external manifestation and internal essential function,it is more reasonable to divide it into the category of virtual credit card.We usually refer to the subject that can have credit card,including both natural person and unit,that is to say,when applying for credit card in the bank,the unit can apply as an independent subject.In daily life,when the bank and other financial institutions evaluate their qualifications,the unit will generally have a higher repayment ability than the natural person.However,in China’s criminal law However,the main body that can be used as the crime of credit card fraud does not include units,but only regulates natural persons,which may also have some improper,since the unit can be regarded as the cardholder subject,then in criminal activities,naturally there can be a unit as a subject to express independent thought and will.The scope of cardholders also needs to be relatively expanded under the change of new payment methods.The subject of network platform payment and the account should also be the cardholder who identifies the malicious overdraft type.In the judicial practice we have seen,there are some behavior types different from the traditional credit card fraud by using the new payment method.That is to say,some behaviors of transferring property or property interests through the account and password of others can also be regulated by the crime of credit card fraud.Through the study of the above content,and the analysis and discussion of the theoretical point of view and typical cases,this paper clarifies the types of behavior and the scope of the expansion of the main body under some new payment methods,so as to provide some new ideas for solving the situations that are not stipulated in the legislation in judicial practice.