Judicial Determination And Legislative Perfection Of The Guilty Of Credit Card Cheating

Be a kind of modernize of currency pay form, the credit card is far on the high-technology content far above other any pay tool traditionally, but, because of the technique, management of its oneself up existent blemish, it became the objection of the crime members. It becomes one of the important missions to all countries to guard against and fight the guilty of credit card cheating within the credit card business developments.In our country, the theory of the guilty of credit card cheating is to draw lessons from the abroad and Hong-Kong and Macau, there still exist numerous rift opinions to its comprehension. This thesis makes the study to this from three aspects: First, in introducing the foundation of the general situation of the credit card, around our country's lawmaking of the guilty of credit card cheating, expound the concept and the characteristics of the guilty of credit card cheating in a specific way; The next, from the rift of the objective behavior the guilty of credit card cheating, carry on the reasonableness analysis to the main behavior special content and realms, investigate the behavior that compares for science to settle the standpoint from it; End, give some suggestions of lawmaking to perfect our country 《penal code 》 ,concerning the credit card and the thieves and burglars combine to use the credit card to deceive the criminal.Textual and main standpoint is: To" be doctored"," alter"," replication" the behavior of the credit card and should return from the substance in the " forgery", combine to the forgery behavior of use the credit card should according to different circumstance, the difference affirms with the few offense or an offense that embroil to make; pick up combine the usage and steal to combine to use the credit card, their key behavior lies in the credit card that emits to use of the others, all should affirm to be the guilty of credit card cheating; the unit should be added to the part of the guilty of credit card cheating; because of its special corpus and objective behaviors, the malice overdraw a credit card crime should be alone row offense.