Crime Research Involving Credit Cards

With the promotion of smart phones,the integration of network technology and mobile phone technology,network payment has sprouted under the promotion of economic development,and has been rapidly promoted.New payment technology has brought us wireless convenience,but also brought "business opportunities”to lawless elements.With the virtual nature of Internet and the lag of legal regulation,criminals,driven by economic interests,take risks to carry out the cases involving Internet payment and property infringement,which are becoming increasingly serious,posing a serious threat to other people’s property legal interests.At the same time,there is also a certain damage to the social financial management order.Therefore,the crimes involving Internet property infringement are under threat People’s attention.With the rapid development of China’s social economy,the financial market is also tending to be perfect and mature.The characteristics of credit card can be consumed in advance make it popular in people’s daily life.The popularity of credit card users,the diversity of existing forms,and the convenience of consumption and payment methods also give criminals opportunities,and the credit card users are facing huge risks.Especially in recent years,with the rapid development of the network,new payment methods such as WeChat,Alipay and various new payment methods have made the credit card and payment terminal closely linked.It is the continuous increase and popularization of the forms of credit card use,and also the diversity of the forms of credit card related crimes,which makes it more difficult for judicial practice to correctly understand and identify the classification of credit card crimes.Therefore,according to the various forms of credit card crime,the study of credit card crime has important theoretical and practical significance.Although the credit card appears relatively late in the country,it is developing very fast.The crimes related to credit card are also increasing day by day,causing serious losses to the property of individuals and the state,seriously interfering with and destroying the stability of the national financial order,which has serious social harm and criminal illegality.In 1997,the crime of credit card fraud was formally included in the criminal law.So far,it is the first time for the criminal law to impose severe penalty on the crime of credit card,which is also an important attempt.Since then,"criminal Amendment 5" has further improved the credit card crime.From the current provisions of the criminal law,the relevant provisions of the legal provisions on credit card crime are relatively perfect and comprehensive,and they are also relatively advanced in technology.However,due to the diversity of credit card crime forms,new criminal techniques and criminal methods are constantly emerging with the update of network technology,and there are still some problems that perplex the judicial departments in specific conviction and sentencing,which have not been effectively solved.Therefore,the academic circle of criminal law needs to further explore and study the new problems related to credit card crime.Based on the current criminal law on the credit card crime related legislative provisions and general provisions of the criminal law,combined with the actual situation and needs faced in reality,the author discusses and discusses the related problems of the credit card crime.In addition to the introduction,the article discusses from the following three aspects:first,several closely related important problems of the credit card crime,one is that its main behavior includes false behavior This paper discusses the social harmfulness,the infringement of legal interests and the identification or blank space of criminal law of the behaviors of making and using credit card,using others’ credit card falsely,overdraft type credit card maliciously,and cash out of credit card,etc This paper discusses the identification of credit card fraud from three aspects:the identity of the cardholder,the authenticity of the credit card and how to identify them when they cross each other.It also discusses the identification of credit card fraud and forged credit card under the new payment mode.Finally,it discusses the identification of theft,bribery,fraud and forged credit card As for the determination of the crime of illegally providing credit card information,the author makes a multi angle analysis from the connotation and extension of credit card and the number of crimes.It is of great significance to further clarify and improve the legislative standards of credit card crimes of cooperatives,and to provide a clearer legal basis for the prevention and punishment of credit card crimes.