1. The filing standards for the crime of credit card fraud. According to the "Regulations on the Prosecution Standards for Economic Crime Cases" stipulated by the Supreme People's Procuratorate and the Ministry of Public Security, those who engage in credit card fraud activities and are suspected of one of the following circumstances shall be prosecuted : 1. Use counterfeit credit cards, use invalid credit cards, or use other people's credit cards to commit fraud. The amount is more than 5,000 yuan; 2. The amount of malicious overdraft is more than 5,000 yuan. 2. Standards for filing the crime of credit card fraud Article 196 of the Criminal Law stipulates: “Whoever commits credit card fraud activities under any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined not less than 20,000 yuan but not less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. Imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Pretending to use another person’s credit card; (4) This crime is only committed if the amount of credit card fraud is "maliciously overdrafted". In order to implement the "Decision of the Standing Committee of the National People's Congress on Punishing Crimes that Disrupt Financial Order", the Supreme People's Court issued and implemented the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases" on December 16, 1996. This crime standards for conviction and sentencing. The perpetrator commits: 1. The act of "using a forged credit card, using a invalid credit card, or fraudulently using another person's credit card". If the amount of fraud is more than 5,000 yuan, it is considered a "large amount"; if the amount of fraud is more than 50,000 yuan, it is considered a "large amount"; , belongs to "huge amount"; the amount of fraud is more than 200,000 yuan. Belongs to "extremely large amount". 2. A malicious overdraft of more than 5,000 yuan is classified as a "large amount"; a malicious overdraft of more than 50,000 yuan is classified as a "huge amount"; a malicious overdraft of more than 200,000 yuan is classified as a "particularly huge amount." For this crime. Item 1 of the filing standards stipulates that "anyone who uses a counterfeit credit card, or uses an expired credit card, or falsely uses another person's credit card to conduct fraudulent activities, with the amount exceeding 5,000 yuan," shall be filed for investigation. There are mainly three situations here: (1) If a counterfeit credit card is used to commit fraud, and the cumulative amount reaches more than 5,000 yuan, a case should be filed. So-called "fake credit cards." It refers to a counterfeit credit card that imitates the style, pattern, and color of a credit card and is illegally manufactured by printing, drawing, photocopying, or other methods to pass it off as a real credit card. The so-called "use". It refers to the act of using counterfeit credit cards to defraud other people’s property for the purpose of illegally possessing other people’s property, including using counterfeit credit cards to purchase goods, withdrawing cash, and using counterfeit credit cards to accept various services such as credit card payment and settlement. (2) If a expired credit card is used to commit fraud, and the cumulative amount reaches more than 5,000 yuan, a case shall be filed. The so-called "voided credit card" refers to expired credit cards that can no longer be used according to laws and relevant regulations, invalid credit cards, letters of credit that have been declared invalid according to law, and cardholders who have stopped using the credit cards midway during the validity period and handed them over. Return the credit card to the issuing bank. (3) Pretending to use other people’s credit cards to commit fraud. If the cumulative amount reaches more than 5,000 yuan, a case shall be filed. According to my country's relevant credit card regulations, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. The so-called "impersonation" refers to the act of illegally using other people's credit cards as the cardholder to defraud public and private property. For this crime, item 2 of the filing standards stipulates that "anyone who maliciously overdrafts in an amount of more than 5,000 yuan" should be filed for investigation. The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" has made a judicial interpretation of "malicious overdraft", which means that the cardholder overdrafts for the purpose of illegal possession or knowingly is unable to repay, and the overdraft amount exceeds the overdraft allowed by the credit card. The amount is larger. Avoiding tracing, or failing to return the money within 3 months from the date of receiving the collection notice from the card-issuing bank. The 1997 Criminal Law provided a legislative interpretation of "malicious overdraft", which means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession. And the card-issuing bank still refuses to return the money after collection.

3. The criminal composition of the crime of credit card fraud The crime of credit card fraud refers to the use of counterfeit or invalid credit cards, or the fraudulent use of other people's credit cards, or the use of malicious overdrafts on credit cards to defraud public and private property in large amounts. The main characteristics of this crime: 1. The object of this crime is the country's financial management system and public and private property ownership. The object of the crime was credit cards. A credit card refers to a credit voucher issued by a bank or company to prove that the cardholder has good credit and can make account purchases at designated stores or places. It is a payment tool used in place of cash and checks. Generally speaking, a credit card is issued by a bank or company. The cardholder pays a certain amount of cash to the bank or company. The cardholder uses the card to make purchases at merchants designated by the bank or company. The store or other merchants interact with the bank or company. proceed to checkout. Credit cards have the advantages of speed and convenience. Gradually accepted by the public. Some criminals use credit cards to conduct fraudulent activities, causing heavy losses to public and private property. Therefore, they must be severely punished in accordance with the law. 2. The objective aspect of this crime is the use of forged or invalid credit cards, or the fraudulent use of other people's credit cards, or the use of malicious overdrafts on credit cards to defraud public and private property. Credit card fraud must reach a relatively large amount to constitute a crime, while smaller amounts do not constitute a crime. 3． The subject of this crime is a general subject. Anyone who has reached the age of criminal responsibility and has the ability to be criminally responsible can become the subject of this crime. 4. This crime is subjectively constituted by intention, and negligence cannot constitute this crime. 4. The sentencing of the crime of credit card fraud is in accordance with the provisions of Article 196 of the Criminal Law. Anyone who commits the crime of credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 5 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 is Other serious circumstances. The person shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than 10,000 yuan or property confiscation may be imposed.