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Research on the Fraudulent Use of Credit Card

Author: DaiZuoZuo
Tutor: HePing
School: East China University of Political Science
Course: Legal
Keywords: Fraudulent use of credit cards Constitution ofcrime Special circumstances Revised constitution
CLC: D924.33
Type: Master's thesis
Year: 2013
Downloads: 106
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Abstract


In recent years, the high incidence within international community ofcredit card crime is making the job of prevention and control more andmore difficult. Such crimes impact the financial order which is originallysusceptible to damage, and do harm to the domestic and the internationaleconomy of many countries. In this situation, many countries and regionspay more and more attention to the theoretical study of credit card crime,especially credit card fraud, to use these findings to guide about crimeprevention and punishment, so as China.In addition, credit card fraud also put forward higher requirements tothe judicial practice work, and here are still some disputes. As tofraudulent use of other people’s credit card, whether this is crime ornot, how about any other crimes, accomplished or not, and the issue ofcommon crime.etc, these are all worth exploring. In view of this, I willdiscuss the elements of the crime of credit card fraud, identificationof special circumstances, unfinished form of crime and the issue of commoncrime on the basis of definitions.This paper is made of three parts. Part I is about the legislation ofJapan, Germany and China for credit card fraud. Define the concept of thecrime of fraudulent use of credit card on the basis of the theoreticalstudy. After the concept, here is my point on the elements of such crime and the definition of the object of this crime, as well as units of thiscrime. In my opinion, the bank credit management order is the first objectof this crime, and public and private property rights the second, the unitshould become the body of the crime.In part II, which is the focus of the paper, I have deeply analyzed theissue of special cases of fraudulent use of credit card. The main points:1.To get other’s credit card by illegal means and use it for the purposeof fraudulent, he or she should be optional a felony at off; spur of themoment if illegally obtained credit card and implementation of fraudulentbehavior, constitute the circumstances of the crime should be graft.2.Using other’s credit card in the ATM machine, as ATM machine can becomethe object to fraud, the act should be based on the fraudulent use of creditcards.3. Using after picking up people’s credit card is in line withcharacteristics of the composition of the fraudulent use of credit cardsin terms of the subject, object, subjective purpose of illegal possession,and the objective impersonation, it should be convicted and punished incredit card fraud.4. The Criminal Law has ruled a crime of stealingpracticed by someone who steal and use credit cards in own considerations,but this provision is not appropriate for the behavior, it should beidentified as a crime of fraudulent use of other’s credit card.The third part focuses on the problem of fraudulent credit card fraudunfinished form as well as a common criminal. First, the accomplishedstandards can not be divorced from the traditional property crime, theactual control of the property should be the purpose of the identifiedperpetrator succeed constitute consummated standard. In the case of theaccomplice in the crime, I believe that it should be according to theidentity of the perpetrator, subjective content, objective behavior andviolations of the main object, to examine who in a major position in thecrime, in order to determine the common nature of the crime; while in thecase of two or more acts of theft and using another person’s credit card, the establishment of common problems of crime should deferent upondeferent circumstances, some cases may constitute an accomplice, somecases are not set up a common crime.

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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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