Confusion Of The Judicial Practice About The Crime Of Credit Card Fraud

Credit card fraud is a kind of financial fraud which is separated from traditional fraud and intelligent crime through the use of credit cards.In recent years,with the development of our country's market economy,the credit card fraud is increasing rampantly and shows the characteristics of diversification and complication.This paper starts from the concept of credit card fraud and combines some theoretical and practical issues which are complex and difficult to explore in the judicial identification,hoping to benefit the judicial practice.The article is divided into five parts.The first part simply analyzes the concept of credit card and credit card fraud.The second part expounds the legislative evolution of our country and the relevant regulations of credit card fraud by analyzing foreign credit card fraud legislation,which further influence China's legislation.The third part focuses on the analyzing objective behaviors of the credit card fraud,which include using forged,cancelled,false claimed and malicious overdraft credit card.The fourth part discusses the criminal pattern of credit card fraud and the number of crimes,including credit card fraud crime and non-crime,completed and attempted,the perpetrator and the financial institutions of joint crime and two or more people were cheating behavior and the nature of the use of identification.The fifth part is the distinction between the credit card fraud and similar crimes,which focus on the distinction between credit card fraud and theft,fraud and litigation fraud.