Credit Card Jurisdiction

Bank cards may fall under contract or tort. In accordance with the provisions of Article 24 of the Civil Procedure Law, contracts shall be subject to the jurisdiction of the people of the place where the defendant is domiciled or the place where the contract is performed; in accordance with the provisions of Article 29 of the Civil Procedure Law, cases of infringement shall be subject to the jurisdiction of the people of the place where the infringement is committed or the place where the defendant is domiciled. jurisdiction. For bank card cases involving concurrent infringement and breach of contract, jurisdiction shall be determined based on the litigation claims selected by the parties. If a party commits both breach of contract and infringement, the jurisdiction shall be determined by the earlier claim in the party's pleading.

Jurisdictional issues in the Bank of Communications credit card acceptance contract

The jurisdiction in the credit card acceptance contract is explained as follows:

For a long time, in the credit card acceptance contract provided by each card-issuing bank, In credit card use contracts, there is generally a stipulation that "if a dispute arises between Party A and Party B (cardholder and card-issuing bank) during the performance of the agreement, it shall be settled through negotiation between the two parties; if the negotiation fails, it shall be under the jurisdiction of the people of the place where Party B is domiciled."

In litigation practice, the legal effect of the above-mentioned jurisdiction agreement is generally recognized, and the card-issuing bank's request to the people of its domicile will basically be accepted.

What are the jurisdictional entities for credit card crimes?

Many people have heard of credit card crime. This crime is often associated with a necessary card in our lives, that is, credit card crime. Credit card crime is a criminal act using a credit card to carry out activities. Its The characteristic is that credit cards are linked to behavior, so as to achieve the behavior of credit card users, and the jurisdiction of credit card crimes has always been within the scope of judicial and law enforcement departments. 1. Credit card crime refers to the act of violating credit card management regulations, using credit cards to carry out activities, and defrauding a large amount of property for the purpose of illegal possession. The use of credit cards generally refers to the use of counterfeit or invalid credit cards, or the fraudulent use of other people's credit cards or malicious overdrafts. The credit card crime is a type of crime. The relationship between the crime and the crime is the special law and the general law. In this crime, the credit card is a criminal tool. If the perpetrator uses the credit card as a criminal tool, the special law shall prevail over the general law. In accordance with the principle, the person shall be convicted and punished for this crime. rather than the object of the crime. Therefore, credit card crimes, in short, are criminal activities committed by using the credit embodied in credit cards. 2. Legal Articles "Criminal Law" Article 196 stipulates: Anyone who engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. ; If the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Fines of not less than RMB 50,000 but not more than RMB 500,000 or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Pretending to use another person's credit card Credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "3. Relevant Judicial Interpretations of the Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 54 of the Supreme People's Procuratorate and the Ministry of Public Security dated May 7, 2010 [Credit Card Case (Criminal Law Article 196)] Anyone who engages in credit card activities and is suspected of one of the following circumstances shall be prosecuted: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card. (2) Malicious overdraft, with an amount of more than 10,000 yuan, refers to the cardholder's illegal possession. If the overdraft exceeds the prescribed limit or within the prescribed period for the purpose, and the card-issuing bank fails to repay the overdraft for more than three months after two calls, if the amount is more than 10,000 yuan and less than 100,000 yuan, it must be repaid before the public security organ files the case. If all overdrafts and interests are paid, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Article 55 [Securities Case (Criminal Law Article 197)] Anyone who uses counterfeit or altered treasury bills or other securities issued by the state to carry out activities with an amount of more than 10,000 yuan shall be filed. Prosecution. The Supreme People's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases was discussed and adopted at the 853rd meeting of the Supreme People's Adjudication Committee on December 24, 1996. After reading the above legal provisions and legal knowledge, we can It can be seen that the jurisdiction of credit card crimes is not only the public security department and other law enforcement departments, but also the procuratorate and the industrial and commercial administration department, etc. The jurisdiction of credit card crimes is diverse, which can curb the increasing proliferation of credit card crimes, and in the arrest of credit card criminals The police and the industry can also complement each other and cooperate with each other to curb credit cards.

Are there any legal provisions governing credit cards?

Credit cards are governed by the people of the place where the defendant is domiciled or where the contract is performed. If the place of residence is inconsistent with the place of habitual residence, the jurisdiction shall be governed by the people of the place of habitual residence. Credit card infringement shall be subject to the jurisdiction of the defendant's domicile or the place where the infringement occurred. If the place of residence is inconsistent with the place of habitual residence, the jurisdiction shall be governed by the people of the place of habitual residence. In the case of concurrent breach of contract and infringement, the jurisdiction of the credit card shall be determined according to the litigation claims selected by the plaintiff.

Legal Analysis

Civil lawsuits filed against citizens shall be under the jurisdiction of the people of the defendant’s domicile; if the defendant’s domicile is inconsistent with the place of habitual residence, the people of the place of habitual residence shall have jurisdiction. Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people where the defendant is domiciled. If several defendants in the same lawsuit are domiciled or habitually reside in two or more people's jurisdictions, each of the people's jurisdictions shall have jurisdiction. The domicile of a citizen refers to the place of residence of a citizen, and the domicile of a legal person refers to the main place of business or the location of the main office of the legal person. A citizen's usual place of residence refers to the place where the citizen has lived continuously for more than one year when he leaves his place of residence. This is except for places where citizens are hospitalized for medical treatment. If one of the defendants has his or her urban household registration cancelled, the jurisdiction shall be determined in accordance with relevant legal provisions; if both parties have their urban household registration canceled, the jurisdiction shall be determined by the people of the place where the defendant lives. If the party's household registration has not yet settled down after moving out, and the person has a habitual residence, the matter shall be under the jurisdiction of the people of that place. If a person has no permanent place of residence and has moved out of residence for less than one year, it shall be under the jurisdiction of the people of his original place of residence; if it has been more than one year, it shall be under the jurisdiction of the people of his place of residence.

Legal Basis

Article 15 of the "Regulations on the Procedures of Public Security Organs for Handling Criminal Cases" Criminal cases are under the jurisdiction of the public security organs at the place where the crime was committed. If it is more appropriate to have the jurisdiction of the public security organ of the place where the criminal suspect lives, it can be under the jurisdiction of the public security organ of the place where the criminal suspect lives. If laws, judicial interpretations or other normative documents provide special provisions on the jurisdiction of relevant criminal cases, those provisions shall prevail.

Sample Application Form for Credit Card Jurisdiction Objection

Jurisdictional objection means that if the parties have objections to the jurisdiction after the people accept the case, they should raise it during the submission of the defense. Objections to jurisdiction raised by the people against the parties concerned shall be reviewed. If the objection is established, the case shall be ruled to be transferred to the people with jurisdiction; if the objection is not established, the case shall be dismissed. If the parties are dissatisfied with the ruling rejecting the objection to jurisdiction, the parties may appeal in accordance with the law. If the people's jurisdictional objections raised by the parties have not been reviewed or a ruling has not been made after review, they shall not enter the substantive hearing of the case.

What is the jurisdiction of credit cards?

What is the jurisdiction of credit card? The crime of credit card was opened for investigation at the public security bureau where the crime occurred. According to the provisions of the "Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Issues Concerning the Jurisdiction of Credit Card Crimes", for credit card crime cases in which other people's credit card information is illegally obtained by stealing, bribery and other means and then used in other places, the cardholder's credit card application shall The territorial public security organs, people's procuratorates, and people may file cases for investigation, investigation, and trial in accordance with the law. According to Article 196 of the Criminal Law, the crime of credit card refers to the act of illegally possessing, violating credit card management regulations, using credit cards to carry out activities, and defrauding a large amount of property. The use of credit cards generally refers to the use of counterfeit or invalid credit cards, or the fraudulent use of other people's credit cards or malicious overdrafts.

Credit card crime is a type of crime, and the relationship between the crime and the crime is the special law and the general law. In this crime, the credit card is a criminal tool, not a crime object. If a perpetrator uses a credit card as a criminal tool, he will be convicted and punished for this crime in accordance with the principle that special laws are superior to general laws. Therefore, credit card crimes, in short, are criminal activities committed by using the credit embodied in credit cards. If a card is lost, report the loss promptly. Nowadays, people's wallets are increasingly filled with ID cards, credit cards, cash and business cards. If the wallet is lost, it will undoubtedly bring huge security risks to personal information and credit card funds. Therefore, after the card is lost, the cardholder should contact the bank immediately to apply for a credit card loss report. After the card loss report takes effect, all liability for theft will be borne by the bank. Choosing a merchant is important. When shopping, cardholders must not only carefully select products, but also pay attention to the screening and selection of merchants. Try not to swipe your card at merchants that are irregular, unfamiliar, have poor social security environment, or illegally cash out. These places are often a mixed bag, and some merchants may collude with criminals for small profits. When you swipe your card to make purchases, in addition to performing normal consumer transactions for you, the company also uses special equipment to steal the magnetic stripe information of your credit card, "clone" the credit card and then use it fraudulently. Therefore, try not to let your credit card leave your sight when using it. Credit card cases are mainly tried by local public security organs and people's agencies. When a case occurs, the parties concerned should immediately go to the local police station with their credit card or relevant certificates to report the case. For credit card violations, our country's laws impose penalties such as fines and other related penalties. ?

This is the end of the introduction to credit card jurisdiction and credit card jurisdiction objection application writing. I wonder if you found the information you need?