Judicial Cognizance Of Credit Card Fraud And Overdraft ——Take Ze’s Credit Card Fraud Case As An Example

With the rapid growth of China’s economy,as a special way of transaction,the use of credit card consumption in real life is expanding.Credit card consumption has become an important way of consumption in contemporary society,covering many aspects of social life,but it also leads to frequent credit card crimes.Although the criminal law of our country has made quite detailed provisions on the crime of credit card fraud,there are still relatively many problems in the identification of the crime of credit card fraud in practice.In view of this,this paper through the selection of judicial process of credit card fraud specific cases,here to do a detailed discussion.This paper is divided into three parts.The first part: Brief introduction of the case and the focus of controversy.In this paper,the basic facts of the case and the verdict of the two courts are briefly introduced,and the two controversial focuses of the case are summarized:First,whether Ze constitutes the crime of theft,fraud or credit card fraud? Two,Ze constitutes a crime or two crimes?The second part:Case analysis.The author will evaluate and analyze the case by using a variety of research methods.The first is whether ze’s behavior constitutes larceny after all.Objectively,Ze some violated the property rights of others;In the objective aspect,it carried out the behavior of cheating and overdrawing others’ credit cards rather than stealing;In the main body,Ze has complete criminal responsibility ability;Subjectively,ze some illegal possession of other people’s property.The constituent element of this crime looks synthetically,ze’s behavior does not constitute larceny.The second is whether ze ’s behavior constitutes fraud or credit card fraud.Crime of fraud against credit card crime of fraud,fraud is the premise of the crime of fraud,the two are ordinary and special relationship,so Ze’s behavior must be in line with the composition of crime of fraud.Ze’s fraudulent overdraft behavior not only infringes on the property rights of others,but also infringes on the credit card regulatory order.Because of the relationship between the two crimes,it should be based on the principle of especially superior to the general law competition and processing,so Ze should constitute a crime of credit card fraud.The third part,thinking suggestions.Based on the case evaluation and analysis,the author gives some suggestions on how to perfect the judicial identification of credit card fraud.