Research On The Crime Of Credit Card Fraud

With the continuous development of market economy in China, the credit card as the basic financial tools and means of payment has with people's life in society, credit card business also got an extensive development and popularization. But following credit card fraud also gradually rampant, and displays diverse, modernization and complicated characteristics. Therefore, accurate applicable criminal law, and constantly improve our legislation, and can better blow credit card fraud crime. This paper makes a systematic credit card fraud crime thorough research focuses on analyzing the characteristics of the crime of fraud of the credit card, combining the theory and practice of some difficulty of judicial cognizance of the complex issues discussed further, and based on this, puts forward some ideas and opinions, hoping to legislative and judicial practice wrbanization. Full text is divided into four parts:The first part emphatically analyzes the "the purpose of illegal possession" determination. Credit card fraud should have pointed out that constitute the purpose of illegal possession, favor the way the presumption to recognize the judicial act does have the purpose of illegal possession.The second part detailed analysis of the objective behavior cognizance. Credit card fraud crime on the objective aspect-five kinds of behavior methods:use forged credit card behavior, use with the false identity cheat brought credit card behavior, use obsolete credit card behavior, falsely use another credit card behavior, malicious overdraw behavior and practice in network without card fraud forms are analyzed in detail, and for all types of credit card fraud concept, forms, judicial define and crime and the sin boundaries are summarized and discussed.The third part from the perspective of judicial recognition credit card fraud and disrupt the credit card management job occupation crime and crime, corruption, theft, and the boundaries of judicial practice more controversial analyzed the knotty problems, and puts forward some opinions and the understanding. The fourth part simply proposes to credit card fraud legislation proposals. Increased unit for criminal subjects, explicitly stipulated in the network's no card mode means of fraud.