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Research on Judicial Determination of the Crime of Credit Card Fraud

Author: LiJun
Tutor: WangJinLan
School: Anhui University
Course: Legal
Keywords: The Crime of Credit Card fraud Type of behavior Judicial Determination
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 216
Quote: 0
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Abstract


Credit card is a kind of modern financial products and has rapidly developed into a worldwide popularity of payment with its high credit, multiple functions and convenient. In recent years, with rapid development of China’s economy and society, the environment of using credit card improved significantly, the field of using credit card expanded constantly. So the credit card business in China has rapidly expanded. It is playing a more and more important role in people’s lives. At the same time, crimes on credit card have increased year by year, and the methods of these crimes changed, major cases have occurred, resulting in a greater social harm. Because of the legislation on these crimes late beginning, and the relevant theoretical research lags behind, we lake of knowledge about some new type crime in the judicial practice. Which has caused widespread concern in theory and research circles, it’s also worth to exploration and practice for legal practitioners.The judicial determination on the crime of Credit Card Fraud is the topic of this article. First, discuss the basic theoretical issues, then elabor at how to understand and apply the legislation and judicial interpretation on the crime of Credit Card Fraud, and analysis some controversial issues in practice.According to China’s legislation, consider that "credit card" in the field of criminal law is generalized. The relationship between Credit Card fraud and fraud be discussed, and a view that should to reconstruct the relationship between Credit Card fraud and fraud under the information society be proposed. So in the author’s opinion, Credit Card fraud is a new form of a crime, which is independent to Fraud. On this basis, to give a definition to Credit Card fraud, that does not need to emphasize "cheat" public or private property, and then describes the essentials of establishment of Credit Card fraud.Five acts of credit card fraud which are stipulated by the Criminal Law, should be divided into three types:the type of using, the type of fraudulent use and the type of Overdrawing with Evil Intention. Discuss the "use" shall be able to achieve credit card function. Next, emphasizes on several behavior pattens of committing a Credit Card fraud, and discusses how to grasp every one in the judicial practice, combining with the legal provisions and judicial interpretation.In judicial practice, it is difficult to distinguish and recognition Credit Card Fraud and Larceny, Credit Card Fraud and Offenses of Misappropriation, Credit Card Fraud and Fraud. Uttering other people’s credit card virement with ATM, shall be classified into crimes of Credit Card fraud, but not because ATM can be fooled, do not need to emphasize Credit Card fraud in the deception. The behavior of fraud in stealing a credit card and using it then is much more harmful than the behavior of stealing in that,for which the crime of stealing a credit card and using it then shall be deemed as a crime of Credit Card fraud. Pick up a credit card and using it then, that does not meet the essentials of establishment of Offenses of Misappropriation, also shall be deemed as a crime of Credit Card fraud. To use other people’s credit as means of others, then "clone" POS machine to proceed a false return transactions, that shall be deemed as a crime of fraud.

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