The Object And The Definition Of The Credit Card Fraud Study

The crime of fraud on credit card is one of the lately- ruled crimes in 1997 penal codes. Since it was confirmed by the legislation, many research results of this aspect has been come into being continuously, which push forward to the legislation and judicatory practice .The objective aspect of this crime has been discussed quite a few, so the writer only want to emphasize on its two aspect of object and definition.Then how to catch the object and definition of this crime? The writer thinks, we should base on its origins, development process, legislation and background. We should know how the credit card emerged, how it developed, what happened in its developing history, and how the nation carried on the related legislation in order to serve for the economic construction and fight the criminal offence of that aspect better. That is to say, what kind of behavior can constitute the credit card deceive offense, why these behavior constitute credit card deceive offense instead of another crime. Only in this way, we can draw an accurate conclusion about the object and definition of this offense.Based on the analysis of the related problem, writer put forward his own standpoints finally: The credit card deceive offense's object is that the credit card usage system and the public or private property rights. The credit card deceive offense's definition can be described as: the crime of fraud on credit card is the behavior to deceive property or other benefits which is relatively large amount in quantity by way of using the credit card that is forged, invalid, accepted with false ID card or other's credit card, or malicious overdrawing with purpose of illegal occupation.This text is divided into three parts.Part â… . In this section, the article mainly makes the whole description to the credit card, from its origins to the development, introducing it is a creation under what kind of the background and the reason why it is produced, thus to hereafter analyze the object. From the creation of initial stage of the credit card, there are many very strict provisions to its usage. That is, its usage has the irreplaceable personal characteristic. Because the issue of the credit card isbuild on the trust of the card-issuer to the card-holder, once being changed into others, the circumstance will be different. This is the reason why the Penal code let the behavior that using the credit card of the others and using the credit card that is accepted with the deceitful ID card as the stroke object of the offense, because he is not the person the card-issuer trust with. The behavior of using the forged or invalid cards is certainly be prohibited because the card-user is not the one that banker or other card-issuer trust with. Under the condition of malicious overdraft with the purpose of illegal occupancy, because the user's malicious overdraft behavior has already broken the trust of bank to the user, so the user breaches this kind of usage system. This article clarifies the meaning of the credit card at the second section of the first part, and the synopsis of the lawmaking process of this offense, making the preparation for the related analysis of the text.According to the explanation of vice director Anne of the National Peoples Congress standing committee. The credit card of the penal code provision means all kinds of electronics paying cards issued by commercial bank or other financing institutions with the part or full functions of consumption, reputation loan, transferring the balance of accounts and depositing or withdrawing cash. Because the credit card has strong function and more superiority the expansion usage of the credit card will have extensive and deep influence to the future society. Currently various kinds of payment cards will become essential in the future society, the banknotes circulation will reduce gradually.Because of the irreplaceable characteristic of the person, any behaviors of misusing the credit card will breach the usage provision, which is harmful to the whole credit card usage system.Part II. This section mainly analyzes the criminal object of fraud on credit card. From its creation and the development process, this kind of criminal offence breaches the credit card usage system because of the irreplaceable characteristic of the person and not being malicious overdrawn. That is to say, the main object of this crime is the credit card usage system. This kind of usage system mainly includes the following two contents: 1) when the card is using,the card-user's actual circumstance accords with the card-holder's information saved in the card; 2) Using the card according with the provision of bank. As a consequential offense, the main object of this offense is public and private property right.Breaching this kind of usage system will result in the loss of public or private property. If any behavior breach this kind of system only, but did not result in harmful consequence, it will not constitute this offense.Different with "public and private property ownership" held by some scholars, the target of the crime includes tangible property, intangible property and other property benefit. The social relationship reflected in these targets is property relationship in essence, and in legal meaning, it is the property right. The express of "public or private property right" can better reflect the legal interest than that of "public and private property ownership". Seller management system is the alternative subordinate object of this crime, it will play more important role in the future with the development of credit card business.Part III. This article explores the definition of the fraud on credit card in the third part. Base on the analysis about the object of fraud on credit card, the author put forward his own standpoint: the crime of fraud on credit card is the behavior to deceive property of other benefits which is relatively large amount in quantity by way of using the credit card that is forged, invalid, accepted with false ID or other's credit card, or malicious overdrawing with purpose of illegal occupation.This article gives a brief introduction to the concept "purpose of illegal occupation." There is implied meaning of "purpose of illegal occupation" in behavior of "using credit card that is forged, invalid or accepted with false ID", but in behavior of "malicious overdraft", there is no "purpose of illegal occupation", so it is an independent constitutive requirement. It is necessary to draw a limit with "purpose with illegal occupation" when defining "malicious overdraft".As a statutory offense, this article uses "breach the credit card usage system" to show the initial protection object in this offense.