A Study On The Objective Aspect Of Credit Card Fraud Crime

Objective aspect of credit card fraud is a significant component of credit card fraud. The relevantstudy of it is conductive to clarify the behavior structure of credit card fraud, which can help to ravel outthe difference between legal and illegal actions as well as the distinction among various crimes.Meanwhile, due to the coincidence of articles between credit card fraud and ordinary fraud, the study ofit will further promote the theoretical development of criminal jurisprudence in China. On the basis ofthat, this paper conducts systematic study of the objective aspect of credit card fraud with employmentof normative research and positive analysis.The paper falls into five parts.The first part introduces the legal interest of credit card fraud.The contrast between concepts of credit card respectively defined by criminal law and the bankingindustry is conducted in the second part. It is suggested that relevant adjustment should be made byChina’s Criminal Law since banks have made distinction between credit card and debit card, and theequivalence between credit card and debit card is accepted by the public.The third part makes investigation of the behavior structure of the principal crime. And discussionanalysis is conducted from four aspects——using false credit card, using void credit card, fraudulentcard in false identification and using an invalidated credit card for malicious overdrafting. And thesemantic analysis of the behavior type of “using”,“falsifying” and “falsely using” is conducted;meanwhile, this part makes affirmation of the main body of malicious overdraft from both thesubjective and objective condition.The forth part makes a summary of the articles overlap between credit card fraud crime andordinary fraud crime, imaginative joinder behavior between credit card fraud crime and contract fraudcrime, loan fraud crime, and the relationship between credit card fraud crime and larency.The fifth makes analysis of the unusual morphology of the this crime，such as joint crime andattemped crime.