| 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 appear to thoroughly still for importantly. This article has conducted the systematic research and the elaboration to the credit card cheating crime. This discourse makes a profound study on crime of fraud by credit card, mainly analyzing the composing factors of crime of fraud by credit card and also make a further discuss about the difficulty and complex cases in the judicial cognizance, based on which the author proposes his view and attitude, with the hope of besteading the legislation and judicial practice.Full text divides four parts,Chapter one introduce the credit card cheating crime outlines. Presents the outside current legislation on this crime. This article second part 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. This article third part elaborated on aspects of this crime in the judicial determination of some controversy. And draw their own conclusions, credit card theft and use of, Lost credit card and use, and Pirates of the designated credit card acts constituted the crime of credit card fraud; counterfeit credit card and using the situation is more complicated cases were also made this set. This article fourth part,I advance overdraft guilty of credit card,the subjects of credit card guilty and the stealing and usage of credit card provided in Chinese present"Criminal Law". The attitudes offered in the article include: Recognize respectively the behaviors of counterfeiting and credit card, Cheating and usage of credit card on different occasions; Set an individual crime of malicious overdraft of credit card; Add unit criminal subject of guilty of credit card cheating; Recognize the behavior of stealing and usage credit card as guilty of credit card cheating. |