using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards, or fraudulent use of other people's credit cards to conduct credit card fraud activities with an amount of more than 5, yuan. The crime of credit card fraud refers to a large amount of fraudulent activities with credit cards for the purpose of illegal possession.

The constitutive elements of the crime of credit card fraud are as follows:

1. The object of this crime is the credit card management system and the ownership of public and private property.

2. The objective aspect of this crime is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth.

3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.

4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the perpetrator must also have the purpose of illegally occupying public or private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors. For example, if a fraudulent crime is committed by using a forged credit card or an invalid credit card, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, it cannot constitute this crime. In the case of credit card overdraft, the distinction between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the actor intentionally occupies other people's property, it is malicious overdraft, and vice versa.

subject of crime

according to the criminal law, the subject of this crime is a general subject and can only be composed of natural persons. There are the following questions in the subject of crime:

Can it be the subject of this crime? There are differences in this academic field. The negative theory holds that there is a limit on the use of credit cards, and the unit does not have to take this risk to defraud such a small amount of property. The affirmation theory holds that unit cardholders can commit credit card fraud such as malicious overdraft under the will of the unit, and in practice, there have been cases in which the amount of malicious overdraft by the unit is huge or even extremely large. We believe that the unit can and should be the subject of this crime. Because:

(1) According to the issuing object, credit cards are divided into corporate cards and personal cards. Since companies can be legal cardholders and users, they can of course carry out fraudulent activities such as malicious overdraft. According to the provisions of the Measures for the Administration of Bank Card Business, the allowable overdraft amount of the unit (whether it is a single overdraft amount or a monthly overdraft amount) is larger than that of the individual. If the unit carries out malicious overdraft for the purpose of illegal possession, the amount is also very amazing, but the punishment for the unit lacks legal basis, which is obviously inappropriate.

(2) according to article 177 of the criminal law, a unit can be the subject of the crime of forging or altering financial tickets, and it is entirely possible for a unit to forge a credit card for the purpose of committing credit card fraud. If it is not stipulated that a unit should be the subject of the crime of credit card fraud, then criminal responsibility can only be pursued for the act of means, but not for the act of purpose, which does not conform to the constitution principle of implicated offense.

(3) Criminal legislation should be coordinated. The crime of letter of credit fraud with similar nature can be constituted by units, while the crime of credit card fraud can only be constituted by natural persons, which is obviously uncoordinated in legislation.

for this reason, we suggest that when the criminal law is revised, it should be stipulated that the crime can be constituted by both a unit and a natural person. However, before the amendment, the criminal responsibility of the person directly responsible (that is, the natural person) can only be investigated according to the principle of legally prescribed punishment for a crime.

Legal basis:

The term "using another person's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:

(1) picking up another person's credit card and using it;

(2) defrauding others of their credit cards and using them;

(3) stealing, buying, defrauding or obtaining other people's credit card information by other illegal means, and using it through the Internet, communication terminals, etc.;

(4) other cases of fraudulent use of other people's credit cards.