Legal analysis: Regarding the relevant provisions of bank cards, according to Article 196 of the Criminal Law, credit card crime refers to the act of fabricating facts to conceal the truth and defrauding a large amount of public and private property for the purpose of illegal possession. Credit card crime is a kind of crime, and the relationship between crime and crime is special law and general law. If the perpetrator uses the credit card as a criminal tool, he will be convicted and punished for this crime according to the principle that the special law is superior to the general law. It refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. 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. Credit card is a criminal tool in this crime, not an object of crime. Therefore, credit card crime is simply a criminal activity carried out by using the credit embodied by credit cards.
Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC), anyone who engages in credit card activities in any of the following circumstances, with a relatively large amount, shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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.
What are the provisions of the law on credit card crimes?
1. What are the provisions of the law on credit card crimes? Article 177 of the Criminal Law: Whoever, under any of the following circumstances, obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: (1) Holding and transporting a forged credit card knowingly, or holding and transporting a forged blank credit card knowingly, with a relatively large amount; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. Any employee of a bank or other financial institution who takes advantage of his position to commit the crime mentioned in the second paragraph shall be given a heavier punishment. Article 196 Whoever engages in credit card activities under any of the following circumstances, with a relatively large amount, shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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. Second, the classification of cash-out behavior is 1, which is the cardholder's personal behavior. Cardholders play the trick of "others spend their own cards", swipe other people's shopping accounts into their own cards to increase points, and at the same time, shoppers return the cardholders' cash, which really kills two birds with one stone for cardholders. Because many banks have launched value-added services while issuing credit cards, and carried out activities such as exchanging consumption points for gifts to show people's enthusiasm for making Kaka and spending. 2. The cardholder cooperates with the merchant or some "loan companies" and "intermediary companies", and the cardholder obtains cash by paying the handling fee to the merchant. Generally, the merchant's pos machine is used to make false transactions, and the amount on the credit card is crossed out. Merchants or "loan companies" and "intermediary companies" pay cash on the spot (paying cash to cardholders), and the handling fee paid by cardholders to merchants is lower than that of banks. 3. Cardholders get cash by using some websites or company services, such as Alipay or China Mobile's "Online Prepaid Card Purchase" service. Third, related knowledge credit card cashing is suspected of loans. Credit card is essentially a small credit loan, and the essence of credit card cashing is that merchants collude with cardholders to maliciously take a certain amount of loans from banks in the name of consumption. This is suspected of fictitious loans to some extent. If the cashier refuses to repay, it also violates the provisions of the criminal law on malicious overdraft, and the maximum sentence can be sentenced. The Interpretation of the Supreme People's Procuratorate and the Supreme People on Several Issues Concerning the Specific Application of Laws in Handling Credit Card Crimes stipulates: 1. Whoever forges or fraudulently uses his identity card or business license to apply for a credit card in a bank, or forges, alters or fraudulently uses a credit card to defraud property, if the amount is relatively large, shall be punished as a crime. 2. An individual who, for the purpose of illegal possession, or knowing that he is unable to repay, uses a credit card to maliciously overdraw, defrauds property of more than 5,000 yuan, evades tracing, or fails to return it after being urged by a bank for more than three months, shall be investigated for criminal responsibility for this crime. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit. 3. If the perpetrator's malicious overdraft constitutes a crime, and all overdraft interest has been returned before the people's procuratorate after the incident, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility. 4. Bank staff who commit the above-mentioned criminal acts shall be given a heavier punishment according to law. Choosing to use credit cards will bring convenience to people's daily life, but it will also lead to illegal phenomena, so we must pay attention to the security of credit cards. At the same time, the state should also solve the problems and shortcomings of credit cards. I hope the above laws about credit card crimes can help you.
Credit card laws and regulations
On April 20 16, the people's bank of China issued the notice of the people's bank of China on credit card business, which came into effect on October 20 17 10.
The Notice requires the upper and lower limits of credit card overdraft interest rates to be managed. The upper limit of overdraft interest rate is five ten thousandths of daily interest rate, and the lower limit of overdraft interest rate is 0.7 times of daily interest rate.
Mainly based on the following considerations: First, the implementation of step-by-step reform will help card issuers to further accumulate pricing data and experience during the transition period and guide them to improve the credit card interest rate pricing mechanism.
Second, the risk control ability and pricing ability of credit cards of various card issuers are uneven. Guiding the upper and lower interest rates will help prevent individual card issuers from blindly reducing prices and fighting price wars, which will lead to unfair competition and excessive borrowing by high-risk customers, thus increasing credit risk and causing local market chaos.
Third, under the circumstance that the information disclosure mechanism needs to be strengthened, setting an overdraft interest rate ceiling will help prevent individual card issuers from unreasonably charging excessive interest and protect the legitimate rights and interests of cardholders.
On May 25th, 20021year, the Supreme People promulgated and implemented the Provisions of the Supreme People on Several Issues Concerning the Trial of Civil Cases of Bank Cards, clarifying that people support cardholders to request the issuing bank to return the principal and interest of stolen deposits or overdrafts, liquidated damages and compensate for losses based on the legal relationship of credit card lending contracts; At the same time, it does not support the issuing bank to require credit card holders to repay overdraft principal and interest, liquidated damages, etc.
Credit loan line
Credit limit refers to the maximum overdraft limit given to your credit card by the bank when approving your credit card. You can only use your credit card within this limit. If you exceed this limit, you can't use your credit card. The credit limit is based on the comprehensive evaluation of the information filled in when you apply for a credit card and the relevant supporting documents provided. The main card and the supplementary card enjoy the same credit limit.
Under normal circumstances, the RMB limit and the US dollar limit of dual-currency credit cards are interchangeable. For example, your limit is 30,000 RMB. If you use a card abroad, your credit limit is equivalent to about 5,000 US dollars.
The bank will adjust the credit limit regularly, but you can provide relevant financial proof on your own initiative and request to adjust the credit limit. In addition, when you need to get a higher credit line in a certain period of time when traveling abroad or moving, you can ask for a higher temporary credit line.
This concludes the introduction of the law on credit cards and whether the legal documents of credit cards can be signed. I wonder if you found the information you need from it?