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Credit Card Fraud Study

Author: QinZuoZuo
Tutor: XueRuiZuo
School: China University of Political Science
Course: Legal
Keywords: Credit card Credit Card Fraud Constituent elements Judicial determination
CLC: D924.3
Type: Master's thesis
Year: 2006
Downloads: 335
Quote: 1
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Abstract


With the development and popularity of credit cards in China, greatly facilitate the lives of the people, to improve the speed and efficiency of market transactions, and promote economic prosperity and social development. At the same time, the lawless elements will also point to the eyes of crime credit card. According to expert estimates, China's annual credit card crime Amount of approximately $ 100 million. All kinds of credit card crime presents inside and outside collusion, group, specialized features. Not only a serious infringement of the interests of cardholders and financial institutions, and caused great damage to the credit card management system, hindering the healthy development of the credit card business in China market. Practice, due to China's credit card management system is not perfect, to provide opportunities for the implementation of the activities of credit card fraud criminals. And interested parties legal theory and criminal legislation lags behind, making a lot of problems in the judicial practice difficult to solve, restricted the crackdown of the judiciary. So I through the combination of theory and practice of credit card fraud to be investigated further. In this paper, the concept of credit card fraud, constituent elements, judicial determination and some theorists dispute more difficult problem to do a more detailed description of current legislation improve aspects made some suggestions. This paper is divided into four chapters. First of all, the first chapter of the credit card and credit card fraud to do an overview of the generation and development of the credit card, classification and function, clear the meaning of the credit card. Meanwhile, on the basis of an objective analysis of all the statements about the concept of credit card fraud, combined with China's Criminal Law Amendment (5) \legislative provisions for credit card fraud. Been discussed, the second chapter of the constituent elements of the crime of credit card fraud is the focus of this dissertation. Discusses the four elements of this chapter from the crime, 11 a critical analysis of the controversy by theorists, and put forward their point of view on this basis. Body that should increase in criminal law, credit card fraud provisions; subjective aspect, I believe that no matter what form of fraud, the goal is the necessary element of illegal possession; aspects of the object, the author's view is that this crime is complex object, that is, credit card management systems and public and private ownership of property; objectively, the five crime of criminal law, each carried out in-depth analysis and research on controversial issues to do discussed in detail, such as the definition and analysis of the behavior of counterfeit credit cards and use of counterfeit credit card behavior \Which focuses on the behavior of malicious overdraft, reveals the objective aspects of credit card fraud in the judicial practice.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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