1. The perpetrator who constitutes the crime of fraudulent use of another person's credit card must subjectively have the purpose of defrauding other people's property. This crime can only be constituted if there is intentional fraud subjectively and fraudulent use of other people's credit cards objectively. 2. Distinguish between goodwill overdraft and malicious overdraft, and correctly identify the crime of credit card fraud by using credit cards for malicious overdraft. The essential difference between goodwill overdraft and malicious overdraft is that the actors have different subjective intentions. 3. If there are the following circumstances that can prove that the perpetrator did not cheat intentionally, it cannot be punished as a crime: I don't know if I used a forged or invalid credit card. Generally speaking, the use of forged or invalid credit cards can be presumed that the perpetrator is subjectively fraudulent, because it should be clear whether the perpetrator has a credit card himself. Article 196 of the Criminal Law commits credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with a false identity card; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.