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Research on Crime of Credit Card Fraud

Author: BaiShuCai
Tutor: SunWanHuai
School: East China University of Political Science
Course: Criminal Law
Keywords: Credit Card Fraud Crime Malicious Overdraw Cash Out Pilfered Credit Card and Use Rob Credit Card and Use
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 0
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Abstract

The credit card is product of fast development of social economy, with the rapid development of our economy, our credit card industry is rapidly developing. But because some characteristics of credit card itself and our credit card business development is not mature, making the credit card industry has a lot of vulnerabilities, criminals use these vulnerabilities various credit card fraud activities, making credit card fraud crime is increasing. Along with our country criminal law, the continuously revised and perfected in governance, credit card fraud constitute a relatively perfect credit card fraud prevention system. The rapid social and economic development, some new credit card fraud will emerge. Credit card fraud has four kinds of forms: namely using forged crime in the credit card, or using false identification cheat brought credit card; Use obsolete credit card; Credit card fraud others; Malicious overdraw. This paper discusses four behavior to identify and distinguish, an accurate grasp of the four crime forms of legislative intent. This paper focuses on the comparison of judicial practice to appear the controversial and credit card fraud relevant heart problems. There are mainly credit card and cash problems, theft, and robbery used credit card and use problems. To credit card to cash the qualitative behavior, the author thinks that judicial interpretation of its provisions to punish illegal business operations sin irrational nor legal, simple credit card to cash does not constitute any crime, if credit card to cash a serious violation of property ownership of financial institutions, accord with "malicious overdraw" case, should take the credit card punish of crime of fraud. Credit card and use for theft behavior, the author don’t agree with the qualitative credit card and use the criminal law will theft by stealing to punish, the behavior of the theft of the credit card because pure stealing, the act doesn’t constitute a large amount of theft, since the requirement in front of the behavior of pilfered credit card are not enough, the use of crime behind how again with theft behavior will punish? This behavior should be the main evaluation objects, rather than use behavior, because pilfered credit card theft of behavior does not have serious social harmfulness, really have social harmfulness is use the credit card tabulating the behavior of theft, use behavior infringe upon the public or private property ownership and credit card management system, the author thinks that theft in the credit card and use credit card fraud shall punish. Credit card and use for robbery of qualitative, due to the actions of robbing a credit card and use credit card and use behavior and theft behavior nature of different, simple robbery credit card behavior is can constitute a robbery, because robbery large amount of constitutions no request, the use of robbing behavior and actions behind with serious social harmfulness, evaluation should be conducted criminal law, but robbery behavior and use behavior is a crime, both in the process of two behavior has implications, use behavior is to achieve the purpose of robbing behavior, the author thinks that should be punished in accordance with the principle of involvement made choose one felony punishment.

Research on Crime of Credit Card Fraud

Abstract

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