In judicial practice, the act of applying for a card with another person's ID card for consumption violates the country's credit card management system and disrupts the order of credit card use, which may constitute the crime of obstructing credit card management. The crime of obstructing credit card management refers to the act of violating national credit card management regulations, obstructing the state's management activities of credit cards, and disrupting the order of credit card management during the issuance and use of credit cards. This crime does not require the perpetrator to have the ability to illegally possess other people's property. Purpose, as long as his behavior has seriously endangered the normal management of credit cards by the financial system, it constitutes a crime.

The objective aspect of the crime of obstructing credit card management is the behavior of obstructing credit card management. According to Article 177-1 of the "Criminal Law": "The specific manifestations of the crime of obstructing credit card management are:

(1) Knowingly holding and transporting a counterfeit credit card, or knowingly holding and transporting a large quantity of forged blank credit cards;

(2) Illegal possession Having other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Selling, buying, or providing counterfeit credit cards to others, or Credit cards obtained fraudulently with false identification." Against the will of others, using their identity documents such as resident identity cards, military officer cards, soldier cards, Mainland Travel Permits for Hong Kong and Macao residents, Mainland Travel Permits for Taiwan residents, and passports to apply for credit cards, or using forged or altered identity certificates to apply for credit cards , should be identified as “using false identity certificates to fraudulently obtain credit cards” as stipulated in Article 177-1, Item (3) of the Criminal Law.

It can be seen that fraudulent use of other people's ID cards to apply for credit cards violates national credit card management regulations and undermines the order of credit card management. It has constituted a crime and will be severely punished by law. According to the provisions of the Criminal Law, if the crime of obstructing credit card management is constituted, the perpetrator may be sentenced to up to 10 years in prison and a fine of 200,000 yuan.

For this reason, the author reminds: On the one hand, the general public should keep their identity information safe, do not lend their ID cards to others, and do not allow criminals to take advantage of them. Make full use of the news media to educate and remind the public to enhance their awareness of credit card risk prevention, properly keep their original identity cards, and be careful not to lose them. When giving a copy of your ID card to others, you must also indicate the purpose.

On the other hand, the frequent occurrence of credit card fraud is related to the fact that some banks "focus on quantity rather than quality" when they are eager to expand their credit card business. There are loopholes in review and approval that are exploited by criminal suspects, thus giving rise to Banks incur losses. Therefore, the author suggests that banks should strengthen the management of the application process, adhere to the first line of defense of "three personal visits" for credit card processing, and do a good job in video image collection and leaving traces to avoid similar cases from happening again.

In addition, the investigation and crackdown must be stepped up. In line with the purpose of punishing crimes in accordance with the law and safeguarding the legitimate rights and interests of financial institutions, when the people's court finds clues about the crime of applying for credit cards under false names, it should transfer the suspect clues and materials to the relevant public security organs for filing and investigation, and hold the relevant personnel accountable for their criminal liability.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 177-1 The crime of obstructing credit card management falls under the following circumstances: 1. Whoever obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. A fine of not less than RMB 20,000 but not more than RMB 200,000 shall be imposed:

(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, with a relatively large number of Large;

(2) Illegal holding of other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Selling, buying, or providing others with forged credit cards or credit cards fraudulently obtained with false identity certificates.

The crime of stealing, bribing, or illegally providing credit card information. Anyone who steals, bribes, or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.

If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished.