Reflection And Reconstruction Of The Objective Behavior Of Credit Card Fraud

With the rapid development of science and technology and the continuous advancement of financial innovation,the payment choices of people’s daily consumption have been greatly enriched.The use of credit cards or third-party payment tools tied to credit cards as a means of consumer settlement has gradually become a trend.In the past five years,on the one hand,credit cards have been popularized,and on the other hand,credit card crimes have increased day by day,especially the crime of credit card fraud.It has become the most common crime in the field of financial crimes,and the number of cases is remarkable.At present,there have been many researches on credit card fraud crimes,but more of them are studies on specific single objective behaviors,and lack of systematic reflection on the objective behaviors under the crime.At the same time,the provisions on credit card fraud are somewhat old.The main body of the article is the use of the law in the1990 s.Some provisions have fallen behind social development,highlighting many shortcomings and deficiencies.Therefore,the author studies the legislative review of the provisions of the current Criminal Law and the empirical investigation of judicial practice,the theoretical reflection on the objective behavior of credit card fraud and the reconstruction of objective behavior based on theoretical reflection.Specifically,the paper is divided into three chapters.The first chapter focuses on the legislative status and judicial practice of credit card fraud,pointing out the legislative evolution of credit card fraud and the historical background of some important judicial interpretations,paving the way for the adjustment of legislation.The second part of this chapter is an empirical investigation of the judicial practice of credit card fraud,mainly through self-search and analysis and access to official data reports,showing the overall situation of current credit card fraud crimes,highlighting the high-level operation of the case.The second chapter mainly reflects on the legal provisions of the objective behavior of credit card fraud.The paper focuses on the new classification criteria of five kinds of objective behaviors of credit card fraud.That is,the objective behaviorof credit cards should be arranged according to the true and false of credit card and the identity of the cardholder.The specific performance is “real person fake card” 、”fake person real card”and “fake person fake card”.The objective behavior of credit card fraud should be reconstructed based on this classification criteria.The provisions of the current "Criminal Law" fail to correctly determine the nature of the use of false identity cards to defraud credit card behavior,and the provisions of the use of counterfeit credit cards are logically flawed;malicious overdraft behavior does not comply with the crime of fraud The general principle is that there is a criminal law theory that violates the competition and constitutes the elements.This behavior has its own characteristics in the composition of the crime and the amount of crime is large.It is not appropriate to adjust the behavior into the crime of credit card fraud.The third chapter is based on the reflection of the objective behavior of credit card fraud crime,and puts forward the suggestion of the objective behavior reconstruction of credit card fraud.First,the use of credit cards that are fraudulently identifiable is a type of “real person fake card” crime that should be separated from the use of counterfeit credit cards as a “fake person fake card” type of crime.At the same time,although the act is the same as the fraudulent use of other people’s credit cards,the act has its own characteristics in objective behavior,so it should be separately listed in the article;secondly,for malicious overdraft behavior,it is widely used.Under the premise of foreign legislative methods,the proposal to criminalize the act is proposed.Finally,due to the theft of the credit card and the use of the provisions of the theft,the nature of the act cannot be correctly determined,and the application of the provision may lead to an imbalance of crimes.Series of questions.The author advocates that the provision be amended from the legal draft to the attention regulation,and the act of stealing the credit card is deemed to be fraudulent use of other people’s credit cards,so that the act of stealing the credit card and using it is included in the crime of credit card fraud.