On Some Difficult Problems In The Judicial Determination Of Credit Card Fraud

To be a new type financial instrument, the credit card relys on its convenient and fast usage mood makes itself plays an more and more important role in our daily life. However, it also becomes a target of new type crime for its easying copy and on-line payment features, and this relative crime has showing a trend of verious operation and occurred frequently. Article196of our Criminal Law has effective regulate the fraudulent activities with a credit card, but its various criminal forms brings a lot of difficulties on investigations and convictions. This paper is mainly talk about the various conviction difficulties on fraud committed by credit card and ralative personal suggestions on legistratice perfection.This paper is divided into five chapters. Chapter I is talk about the subject areas of this kind of fruad. The first part anysis the actual needs and reasons for enterprise should be involved into the subject of fruad crime. The second part is anlysis that whether the illegal credit card holder able to be the suject of "malicious overdraft" fruad crime.Chapter II is dicuss about " malicious overdraft" forms of credit card fruad. This part is talking its conviction aspects, such as "over3months after two times call"、criminal quantity calculation problem and how to judge credit card holder’s crimial liability after the guarantor paid overdraft.Chapter III is talk about the problem of how to convict somesone by using credit card which he or she picked up. This analysis is based on theroy argument and dicuss that we should treat different circumstances on relative conviction.Chapter IV is mainly discuss the conviction problem of "use illegal means to get credit card and use it", and take the example of steal、defraud、forcible seizure and rob credit card and use it. Whatever the criminal use what kind of illegal means to get the credit card, the conviction should base on the following using activities,but not the illegal means. Chapter V is give some personal legislative suggestions based on the problem talked above, such as increase the enterprise subject、separate malicious overdraft、improve article196(3) of Crimial Law.The concluding remarks summarize the viewpoint of whole paper simply and ending the treatise.