How to understand the crime of credit card fraud According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of the regulations on credit card management. 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. The crime of credit card fraud is a kind of fraud, and the relationship between this crime and fraud is special law and general law. In this crime, credit card is a tool of crime, not the object of crime. Where an actor engages in fraudulent activities by using a credit card as a criminal tool, he shall be convicted and punished for this crime in accordance with the principle that the special law is superior to the general law. Using forged credit cards. Using forged credit cards is an important form of credit card fraud. There are two main acts of forging credit cards. One is to completely imitate the texture, pattern, version, pattern and magnetic stripe password of real credit cards and illegally manufacture credit cards. The second is to forge on the basis of real credit cards, such as inputting real information of other users on blank credit cards for copying, or inputting false information on blank credit cards. In addition, there are some behaviors that are also forged credit cards, such as altering or altering the original credit card. The perpetrator must use a forged credit card to constitute this crime. The so-called "use" refers to the use of the legal functions of credit cards for payment, consumption, settlement and other acts. Using a forged credit card can be used by the actor himself after forgery, or it can be used knowing that someone else forged the credit card. If the actor sells a forged credit card or just forges a credit card without using it, it shall be treated as the crime of forging or altering financial tickets. There is controversy about the characterization of the act of forging credit cards and using them again. One view is that the crime of forging financial tickets and the crime of credit card fraud should be punished together; Another view is that felony should be punished according to the principle of implicated offense. Among them, the theory of implicated offense is divided on what is a felony: the first view is that the legal punishment is the same, and it is appropriate to punish the resulting behavior (credit card fraud). The second view is that it should be dealt with as the crime of forging financial tickets. Because the crime of forging financial tickets is a behavioral crime, while the crime of credit card fraud is a consequential crime; The former has no restrictions, while the latter has restrictions. Although the statutory punishment is the same, it is obvious that the crime of forging financial tickets is more severe on the actor, so it should be convicted of forging financial tickets; There is also a view that if the actor uses it after forgery, he will be convicted of credit card fraud if the amount is relatively large, and if the amount is not up to a large standard, he will be convicted of forging financial tickets. In this regard, our view is that if the actor uses his own forged credit card and sells or gives other forged credit cards to others for use, he should be punished for several crimes; If the perpetrator forges the credit card only for his own use, the use of the credit card only constitutes an implicated offense if it reaches a large amount; As for what is a felony in the case of implicated offender, it should be based on the specific social harm of the act, the applicable kind of punishment and the term of imprisonment, rather than the severity of the statutory punishment; If the degree of the two is equal, it reflects the characteristics of harmful behavior as a whole, and the resulting behavior is convicted and punished, that is, credit card fraud. Fraud occurs frequently, but due to the low credit card penetration rate in China, such problems have not brought substantial impact on our lives. As long as we take precautions, we can effectively deal with related problems, but the difficulty of solving the problems still exists, so we need to pay attention to the specific situation.