With the extensive experiment of credit card, credit card fraud has become a problem of great concern, which not only disrupts the order management of credit card, but also hinders the steady development of credit card industry and seriously affects the order of market finance.
Credit card fraud is a new kind of crime, which is a kind of financial fraud crime which is separate from traditional miscellaneous crimes. Compared with the traditional crime of fraud, its performance situation is complex and diverse, which leads to more differences in dealing with its problems in judicial practice and criminal law theory. The so-called credit card fraud refers to the use of credit cards as a carrier of crimes. Its main behavior is to use fake credit cards, use fake identity cards to defraud credit cards, or use other people's credit cards and malicious overdrafts.
Article 196, paragraph 1, of the Criminal Law of the People's Republic of China stipulates that the crime of credit card fraud should be characterized by the purpose of illegal possession. In order to illegally occupy, credit cards are used as tools to defraud public and private property. Combined with criminal law theory and judicial practice, &; Quot; For the purpose of illegal possession & amp; Quot; It should be a necessary condition for credit card fraud.
This paper starts from the concept of credit card fraud, discusses and studies some problems in the form of credit card, the constitution of crime and judicial determination, and puts forward some suggestions to improve the security of credit card use.
