1. What is the basis for administrative penalties for credit card fraud? (1) Article 49 of the "Public Security Management Punishment Law" stipulates: "Those who steal, defraud, rob, snatch, extort or intentionally damage public or private property , shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan. " (2) Responsibility matters 1. . Responsibility for filing a case: If credit card fraud is discovered, review it and decide whether to file a case. 2. Investigation responsibility: For the cases filed, designate a dedicated person to take charge, organize investigation and evidence collection in a timely manner, and those who have a direct interest in the parties should recuse themselves. The number of law enforcement officers shall not be less than two. During the investigation, their credentials shall be presented and the parties concerned shall be allowed to defend themselves. Records shall be prepared for inquiries or inspections. 3. Review responsibility: Review the illegal facts, evidence, investigation and evidence collection procedures, application of law, types and extent of penalties, statements and defenses of the parties, etc., and provide handling opinions. 4. Responsibility for notification: Before making an administrative penalty decision, an administrative penalty notice should be prepared and delivered to the parties, informing them of the facts, reasons and basis for the administrative penalty decision, and informing the parties of the rights they enjoy according to law. If the hearing regulations are met, an administrative penalty hearing notice will be produced and served. 5. Responsibility for decision: Make an administrative penalty decision, prepare an "Administrative Penalty Decision", and specify the administrative penalty notice, the parties' statements and defenses, or the hearing, etc. 6. Service responsibility: The administrative penalty decision shall be served to the parties in accordance with legal provisions. 7. Enforcement responsibility: According to the effective administrative penalty decision, administrative penalties will be imposed on the illegal parties. 8. Other responsibilities: other responsibilities that should be performed as stipulated in laws, regulations and regulatory documents. (3) Basis for accountability: Administrative agencies and their staff who fail to perform or incorrectly perform administrative duties shall be held in accordance with the Administrative Supervision Law of the People's Republic of China, the Administrative Punishment Law of the People's Republic of China, and the Administrative Punishment Law of the People's Republic of China. "Administrative Coercion Law of the People's Republic of China", "Criminal Law of the People's Republic of China", and "Regulations on Punishment of Civil Servants of Administrative Agencies". 2. Components of the crime of credit card fraud Article 196 of the Criminal Law stipulates: “Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 20,000 yuan. A fine of not less than 50,000 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 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 shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates; 2) Using an invalid credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft as mentioned in the preceding paragraph refers to the cardholder’s overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession. If the credit card is stolen and used without being returned after being called upon by the issuing bank, the person shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "1. The object of this crime is the credit card management system and public and private property ownership; 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 natural persons can become the criminal subject of this crime; 4. This crime The subjective aspect is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions also have their own specific content. For example, if a counterfeit credit card or an invalid credit card is used to commit fraud, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, this crime cannot be committed. In the case of credit card overdrafts, the distinction between bona fide overdrafts and malicious overdrafts should also be analyzed from the intentional content of the perpetrator. If the perpetrator has the intention to illegally possess other people's property, it is a malicious overdraft, and vice versa, it is a bona fide overdraft. With the rise of credit cards, credit card fraud is also the most common type of crime today. At present, our country has very severe punishment measures and detailed accountability basis for credit card fraud.

Punishment is not the purpose, it is just to warn speculators not to ruin their personal future due to temporary greed and wrong ideas.