First, the crime of credit card fraud is manifested in the following acts: using forged credit cards. The so-called forged credit card refers to the credit card made by imitating the texture, pattern, version, 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. 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 declared invalid according to law, 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. Fraudulent use of another person's credit card means that a non-cardholder uses the cardholder's credit card in the cardholder's name to defraud property. 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. Malicious overdraft refers to the behavior of allowing customers to spend more than the amount of funds in their accounts with the approval of the bank when the customers who set up 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. 2. Whoever steals a credit card and uses it shall be punished as theft according to the third paragraph of Article 196 of this Law. The amount of theft shall be determined according to the amount used by the perpetrator after stealing the credit card. Analysis of Credit Card Stealing What purpose does "use" in "Stealing credit cards and using them" mean? This theoretical circle is controversial. Some people think that the use here includes not only the behavior of the actor withdrawing cash from his stolen credit card, spending it by credit card and enjoying the service, but also the behavior of selling and transferring the stolen credit card for profit. The author believes that it is correct to identify the act of selling or transferring stolen credit cards for profit as theft, but it is inappropriate to include the act of selling or transferring stolen credit cards in the meaning of "use". First of all, legislators define some behaviors that originally belonged to the crime of credit card fraud as theft, while the act of stealing credit cards and selling or transferring them belongs to the act of selling stolen goods after theft, which obviously belongs to theft. If the number, quantity, illegal profit and other circumstances of stealing credit cards are combined and meet the statutory conditions of theft, it is naturally punished as theft, and there is no need to make special provisions on this behavior. Secondly, although the word "use" can be widely understood in daily life, including withdrawing cash, swiping a card, enjoying services, selling, transferring, even mortgaging, forging, altering and collecting money, in principle, only the "use" that directly exerts the function of a credit card is the "use" in the third paragraph of Article 196 of the Criminal Law. According to China's credit card regulations, credit cards have the following functions; Transfer and settlement, consumer credit, remittance, overdraft, savings deposit and other functions can only be used in the way of realizing the functions and uses of credit cards, that is, it must be an economic act of settlement with credit cards, and should not include the act of selling or transferring credit cards for profit after stealing credit cards. Finally, from the general understanding of legal terms, "use" in a broad sense includes "sale", but there is a strict difference between "use" and "sale" in a narrow sense. From the perspective of institutional interpretation, selling and using are two different behaviors, and there is no inclusion relationship. For example, the criminal law separates the crime of selling counterfeit money from the crime of using counterfeit money. If "using" behavior includes "selling" behavior, there is no need to set up the crime of selling counterfeit money separately. Illegal sale of counterfeit money should be defined as the crime of using counterfeit money, which undoubtedly confuses the boundary between this crime and other crimes and violates the requirements of the principle of legality. In today's society, credit card fraud and theft are everywhere. Law can help us to judge the essential difference between fraud and theft better and more clearly. We should use legal means to safeguard our legitimate rights and interests. This crime itself is not terrible. The terrible thing is that the heart behind us is full of desire. Learn self-control and self-control, and let desire become a little controllable emotion of ourselves, because it is only a small part of the whole you.