How to identify credit card crime in China?
First, how to identify credit card crimes in China? Credit card crime aims at illegal possession, violates the laws and regulations on credit card management, and uses credit cards to defraud and defraud a lot of property. To avoid credit card fraud, we should keep in mind the key points such as not trusting mobile phone information, protecting credit card passwords, and setting payment limits. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. It infringes the relevant national financial ticket management system, specifically the credit card management system, and also damages the public and private property ownership of banks and credit card related parties. Second, the performance of the contract 1, forged credit card The so-called forged credit card refers to the credit card made by imitating the texture, pattern, section, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash and accepting various services with forged credit cards. 2. A credit card that is invalid by using an invalid credit card refers to an expired credit card, an invalid credit card, a credit card that has been declared invalid according to laws and relevant regulations, a credit card that the cardholder stops using and returns to the issuing bank within the validity period of the credit card, and a credit card that is invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were listed on the stop payment list because of loss reporting or cancellation, but one number on the card was flattened, and then another new number was pressed to escape the blacklist search. Therefore, the altered card is also a fake card. 3. Fraudulent use of others means that a non-cardholder uses the cardholder's credit card to defraud property in the cardholder's name. According to China's regulations on credit cards, credit cards are limited to legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. However, if the credit card and the ID card are put together and lost at the same time, it may create opportunities for thieves or thieves to use them falsely. After obtaining someone else's credit card, these thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the convenience of stop payment management, impersonate the identity of the card owner, imitate the signature of the card owner, and go shopping at credit card merchants or banks to withdraw money or enjoy services. These are several common cases of fraudulent use of other people's credit cards. 4. Malicious overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when the customers who open accounts in the bank have no funds or insufficient funds. Overdraft is essentially a bank lending money to customers. The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who overdraw beyond the prescribed limit or refuse to return it after being urged by the issuing bank within the prescribed time limit for the purpose of illegal possession. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior. According to the criminal law, in addition to one of the above four acts, the actor must also have a large amount of elements. If the amount is not large, even if the above acts are committed, they are illegal and do not constitute a crime. As for what is "a large amount", there is no clear judicial interpretation at present. However, according to 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases", a large amount of personal fraud refers to more than 5,000 yuan. The starting point of a large amount of credit card fraud can refer to this regulation, and it is appropriate to use 5,000 yuan. With the increasing popularity of credit cards in recent years, more and more citizens use credit cards to pay. However, there will also be many criminals who commit crimes by forging or stealing other people's credit cards, which not only causes property losses to credit card holders, but also has a bad impact on China's economic and social order. Therefore, we should pay attention to the card environment when using credit cards.