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Study on Credit Card Crime of Fraud

Author: ZhangYuanYuan
Tutor: BaoZuo
School: Hebei University of Economics
Course: Criminal Law
Keywords: Credit card fraud Crime constitution Judicial determination Legislativeperfection
CLC: D924.33
Type: Master's thesis
Year: 2012
Downloads: 98
Quote: 0
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Credit card as a new tool of modern payment, because of its convenient, self-help, economic advantages, has been gradually accepted and widely used. In recent years, the credit card industry developmented rapidly, credit card fraud showing a incidence and multiple state,becoming one of the most prominent and serious problems of the financial crimes.Credit card fraud is seperated from the traditional crime of fraud in a separate crime of the financial fraud, it is an intelligent crime,credit card as its tools and instruments. It own characteristic closely linked with credit card,its forms are varied and complicated. In1997China criminal law has defined the crime of credit card fraud, and with the actual development needs in2005promulgated and implemented the" criminal law" amendment five", to further improve the credit card crime. The current our country credit card system has many flaws, such as credit card system is not perfect, constitution is not uniform, the bank internal supervision mechanism is not sound and so on, give criminals the opportunity. In order to improve the level of the administration of justice, and to the crime to deepen the research on this theme, the author, from the credit card background knowledge introduction, credit card fraud, the legislative history of the crime of credit card fraud constitution and judicial aspects, credit card fraud on further analysis and discussion and put forward some suggestions on improving, expectations of the criminal legislation and judicial practice.Besides introduction and conclusion, it is divided into the following four parts:The first part:the crime of credit card fraud overview. The first part introduces the credit card and credit card fraud crime concept, followed by the domestic credit card crime legislation evolution and the relevant provisions in other countries.The second part:Crime of fraud on credit card crime analysis. This part is respectively from the crime object and crime object, objective aspect of crime, the subject of crime, crime subjective aspects of the crime of fraud on credit card crime. Which focused on the objective aspect of the crime of credit card fraud, the provisions of the criminal law on the crime of credit card fraud five behavior way, especially malicious overdraft carried on elaborated exhaustively. The third part:the legal recognition of credit card fraud. This part mainly around the bounds between crime and non-crime, this crime and other crimes, the crime of fraud on credit card to complete the form and the unfinished form of crime of credit card fraud, the crime of credit card fraud, the crime as well as several special circumstances of behavior, a more detailed analysis and argumentation, proposed own opinion, has strong judicial operation.The fourth part:the perfect legislation suggestion of credit card fraud. Above of the basic exposition of previous credit card fraud,we put forword the corresponding legislative suggestions.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Destruction of the socialist market economic order crime
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