By Credit Card Cheating Crime

The credit card cheating crime is the new intelligence crime which the traditional crime and the high technology and new technology unifies under the new historical condition produces. Because the credit card cheating crime is threatening the bank or other financial organ property security directly, Destroys the bank and other financial organ commercial standing, And even serious destruction country finance order, Therefore studies the credit card crime to appear thoroughly still for importantly. This article has conducted the systematic research and the elaboration to the credit card cheating crime. Full text nearly 40,000 characters, Divides four parts, The main point is as follows:The this article first part is the credit card cheating crime outlines. First elaborated the credit card cheating crime legislation consummates unceasingly process. In future, In to criminal law educational world about in credit card cheating crime concept different limits appraisal foundation, Induces the credit card cheating crime the definition, Namely the credit card cheating crime is refers to the credit card which the author uses forge, becomes invalid or braves with other people credit card, As well as take illegal holds as the goal evil intention overdraws and so on the methods, Carries on the cheating activity using the credit card, Amount big behavior.This article second part, The author has emphatically analyzed the credit card cheating crime crime constitution important document. First analyzes the credit card cheating crime the object important document, Proposed the credit card cheating crime object is the complex object. Namely the main object is the credit card control system, The secondary object is the public and private property rights. Simultaneously has been clear about the credit card cheating crime crime object is the public and private property. Next at credit card cheating crime objective aspect, Author to "credit card" the meaning and the scope have carried on the limits. Namely in criminal law significance credit card including financial terminology in credit card and debit card.. Simultaneously the author carries on the elaboration according to the criminal law 196th stipulation five behavior way, Once more in main body important document aspect, This article emphatically in unit cheating situation recognizing. Finally in subjective aspect, The author elaborated with emphasis "illegal holds the goal" the meaning, recognizes and so on the questions.This article third part, Mainly elaborated the credit card cheating crime judicature to recognize the situation: a). credit card cheating crime crime and non-crime boundary, The key discussion "the good intentions overdraw with the evil intention overdraw", " The evil intention overdraws with the economic dispute" and so on the questions. b).credit card cheating crime shape recognized. Elaborated with emphasis this crime accomplished offense standard, has not completed the shape as well as the common crime shape. c). discussed under seven special situation behaviors to determine the nature of.This article fourth part, Elaborated the credit card cheating crime penalty to be suitable and the punishment principle. Elaborated with emphasis "the evil intention overdraws the amount" computational method.