The Practice Problems And Solutions Of "Fraudulent Use" Credit Card Fraud

Credit card crime of fraud in the specific provisions of criminal law belongs to the category of financial fraud crime, the concrete behavior in the theory and practice of this crime exists a certain differences. For "using" the credit card crime of fraud of the credit card crime of "using" the meaning of the definition, and is not a crime, this crime and crime, crime with standard, whether to form a joint crime and so on many practical problems, are to be solved.Paper first most for the credit card crime of fraud "and using credit card" the meaning of the definition of confusion. "Using" include "pretend" and "use" two aspects, namely the behavior person to other people’s identity using someone else’s credit card. This article, it seems, for the two aspects can not one-sided understanding, first, the behavior of using person, in some cases even after legal cardholder’s consent or authorization, but the actor in the process of using the improper behavior, belong to the same identity theft, can still constitute a "using" the crime of fraud of the credit card. Second, using credit card "others" usually refers to the legal and valid credit card, but if person cognition error, mistake counterfeit card is a valid card and use, to defraud money or property, or falsely use another credit card problems may occur.The second part is to get a credit card is not the behavior of the fair use legal way to the qualitative problem. Article involves two specific behavior, namely, using someone else’s loss in an ATM card theft when qualitative, fiduciary deposit card within other qualitative savings behavior. This paper argues that one of, the offender as long as there is a "falsely use another credit card" behavior, whether the offender himself to enter the password or let the bank workers enter the password and even use has lost a good password at an ATM, the nature of its behavior is the same. Second, the trustee does not represent the card within other deposits enjoy use of power. Both should be punish of crime of fraud by credit card using behavior.The third part to illegal means to get a credit card and use behavior qualitative arguments. Articles involving theft, robbery, two kinds of illegal means to obtain credit CARDS and use behavior. Different robbery cases in practice may be different qualitative conclusion, combining with the practical cases according to particular case is particular analysis, make a classification of three types of robbery case summary, respectively. The author from the offender robbed after discusses the three different situations, different qualitative conclusions are drawn. Under paragraph 3 of article 196 of the criminal law "stealing credit card and use the qualitative problem", this activity theory qualitative have different sounds, that the more conform to the legal behavior in the crime of fraud of the credit card into the sin. But the law to the qualitative behavior both artificial and practical departments also should follow the law, in order to in harmony with the principle of a legally prescribed punishment.The fourth part to use his convenience and using credit card behavior qualitative dilemma. This section involves two concrete behavior, namely specially engaged staff delimit "steal" the cognizance of others’ credit card, bank on internal staff work behavior, "and using credit card". This paper argues that one of, person steal row after imitating signature behavior is the key to determine the behavior nature, not just steal the behavior itself. Second, the bank internal staff during the work illegally obtaining depositors’ credit card information and password, forged credit card withdrawals and consume or falsely use another credit card directly online consumer behavior should make crime of stealing credit card information and credit card crime of fraud in the, should press involved crime punishment principle from a felony punishment.The fifth part the application of the type used in crime of fraud of the credit card form predicament. This paper argues that, first, and the traditional type of property crime, as a recognized this crime with actual control property with one standard. Second, in the internal or store clerks to financial institutions along with person, in violation of the victim will transfer its credit card in property of common crime, the author thinks that in considering each person in the case of joint crime in the position to implement behavior standards, in order that the nature of the collusion; In the act of stealing credit card and use, if there are most people participate in, can be considered an accomplice and decided that was set up on the problem of the accomplice of crime, should be depending on the specific situation.