The main differences between the crime of credit card fraud and theft are that their criminal objects are different. The behavior of credit card fraud not only violates the property rights of Chinese citizens, but also destroys the order of financial management in China, which is a complex object; The object of theft is a single object, only the property right of citizens.

legal analysis

The crime of credit card fraud differs from theft in terms of criminal objects, and their objective manifestations are also different. The crime of credit card fraud mainly has the following four forms, namely: the behavior of the perpetrator using forged credit cards, using invalid credit cards, fraudulently using other people's credit cards and maliciously overdrawing credit cards; Theft mainly obtains the victim's property through secret theft, and the victim is generally in a passive state. The object of theft is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, which generally refers to movable property. However, the attachments on real estate, which can be separated from real estate, such as crops in fields, trees on mountains, doors and windows on buildings, can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime. The so-called secret theft refers to the act of secretly taking away property by the actor who thinks that it is not discovered by the owner, custodian or handler of the property. Secret theft is aimed at the owners, custodians and handlers of property, that is, the owners, custodians and handlers of property are unaware of it. In the process of stealing property, as long as the owner, custodian and handler of the property are not aware of it, even if it is discovered by others, it should be the secret theft of this crime.

Legal basis

Article 264 of the Criminal Law of the People's Republic of China, whoever steals public or private property in a relatively large amount, or commits theft for many times, burglary with a weapon or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; 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 ten years and shall also be fined; 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 1 years or life imprisonment, and shall also be fined or confiscated.