Study On Identification Of Credit Card Fraud

With China’s sustained economic development and financial markets mature, the rapid growth in credit card consumers and various forms have bring a lot of convenience to consumption and payment. At the same time, it also increases the risk of credit card fraud. Especially with the popularity of the Internet and innovative payment methods, credit cards and networks and mobile payment terminals are increasingly linked. The diversity of credit cards use accordingly make all kinds of new credit card fraud possible, so it is more difficult to recognise the credit card fraud. In this case, the combination of credit card fraud in various specific behavior, for credit card fraud identified expand research has important theoretical and practical value.Combined with criminal legislation and the general theory with the crime of credit card fraud, this article is based on credit card fraud judicial determination of the practical needs, starting to explore identification rules of credit card fraud. This article has four aspects as following: The first part will focus on a clear connotation of credit cards in the criminal law, based on the sort of current legislation and judicial interpretation of specific provisions on credit card fraud. The second part discusses the general standard credit card fraud identified that take four elements crime constitution theory, the criminal object, objective aspect, subject and subjective analyzes generally recognized standards of credit card fraud. The third part focuses on five cases of credit card fraud difficult problem of identification.The acts of forging credit cards and using have an implicated relationship of means and purposes, thus it should be convicted as the crime of forging financial ticket. Picking up and using other people’s credit cards, or obtaining the credit cards by illegal means such as snatching, deceiving, illegally possessing should both be considered as “using other people’s credit cards” and be convicted as credit card fraud. To identify the malicious overdraft, the cardholder should be limited understood as legal cardholders, and issuer collection should take standard of "effective collection", that is to say, two collections should have a reasonable time interval. As for the act of stealing a credit card and using it, it should not be punished for the crime of theft, but recognized as credit card fraud. As for committing credit card fraud with the help of Internet and computer, it also should be convicted and punished as credit card fraud.The last part in drawing extraterritorial legislation and judicial basis of experience, improve our focus on addressing credit card fraud criminal legislation and judicial determination. China’s criminal law should give additional provisions on unit credit card fraud, and learning from foreign legislative cases, a separate crime of "abuse of credit card " should be set up for regulating malicious overdraft, as for Internet credit card fraud, the crime of "computer fraud" can be set up and the prevention of network credit card fraud should be improved. Against malicious overdraft, rules of laws and judicial explanations of laws should be prudent and reasonable interpreted, and conciliation system can also be introduced to enhance the effectiveness of justice.