Discussion About Credit Card Fraud

From June 1986 Zhuhai branch of Bank of China issued the first credit card first -"the Silver" to the end of the first quarter of 2010, the National Bank and other financial institutions, Bank of Qatar issued a total of 2.169 billion. The crimes related to bank card, only a total of 10,762 nationwide in 2009, an increase of 88.2%, involving up to 5 billion yuan, up 117.4%. It can be seen engaged in fraudulent use of credit cards criminal activities have become more rampant, the loss to society is also growing. However, the Criminal law theorists departments and judicial practice "criminal" one hundred and ninetieth of these provisions have a different credit card fraud understanding.Leading to credit card fraud cases around the Department of broken mixed. In order to achieve equality before the criminal law, credit card fraud is necessary to discuss relevant issues in order to achieve the same punishment with the crime, punishment when the severity of the offense.This article is divided into five parts, about 2 million words. Focus on whether the unit became the subject of credit card fraud, ATM machines can deceived, fraudulent use of credit cards to others to understand and use credit cards and theft as theft is reasonable to explore and try to put forward this view.Part I: Overview of Credit Card Fraud. Briefly introduced the concept of credit card fraud and the constituent elements, while the credit card fraud and fraud were compared, both in the real structure that is consistent, both individual and general relationships.Part II: Does the unit became the subject of credit card fraud. In this section, the article describes the scholars said pass the view that "no say" and "say for sure." Then, the article on the credit card order from the criminal provisions of the regulation and coordination point of view, proposed units should be the subject of credit card fraud. Finally, the article suggests that the highest legislative body in a timely manner related to credit card fraud provisions of the Criminal Code be amended in order to combat units in the implementation of possible fraud use of credit cards, credit management to build a harmonious order.Part III: ATM machines of whether the deceived. In this section, the article discusses whether the ATM machine as the object being cheated, and introduced the views of scholars and can not be cheated cheated point of view. This article then presents the view that ATM functions in favor of becoming the object of being cheated, and the password from the credit card is legitimate representative of the identity of cardholders, ATM machine belonging to the bank's electronic "agent" and ATM machines are based on misperceptions cardholders and credit card transactions to be illegal demonstration. In the end of the article with the ATM machine cheated the program Lost and stolen credit card to others qualitative discussed,That the two are in line with elements of the crime of credit card fraud.Part IV: fraudulent use of credit cards of others. The article first introduces the scholars and the highest judicial organ of the judicial interpretation of the circumstances listed in fraudulent, that the highest judicial scholars and cited the case although the fraudulent use of different expressions, but the essence is the fraudulent use of their common legitimate cardholder is The fraudulent use of identity. Then, the article discusses the fraudulent use of credit cards in the range of other credit card valid credit card is real, not including forged, invalid credit card.Part V: "theft of credit card and using" as a theft of rationality. In this section, we first introduce some scholars have raised reasonable doubt, that the set of credit card fraud or theft and credit card fraud by the Department Implicated off more reasonable. Then put forward the views of this article, is about to steal credit card and using the acts of theft of credit card fraud is more accurate and reasonable than the fixed, the main reason is that acts of theft from, theft, use of behavior is the main post-behavior, while the main act in essence, is the fraudulent use of credit card behavior of others, so characterized as credit card fraud is more reasonable.Finally, specific examples to illustrate the use of stolen credit card and credit card fraud characterized as qualitative as theft is more than reasonable.