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Specific identification of credit card fraud
How is the crime of credit card fraud identified? How to characterize the fraudulent behavior of forging credit cards and using forged credit cards? Before the establishment of the crime of credit card fraud, there were three views in the criminal law circles in China: The first view was that credit cards were securities with functions of money. Therefore, as long as the cardholder has a profit-making purpose subjectively and forges objectively, he should be convicted of forging securities. The second view is that forgery is the means and fraud is the purpose, and the implicated offender who constitutes the crime of forgery of securities fraud should be punished as a felony. The third view is that the crime of fraud should be directly identified. Because China's current securities include checks, stocks, passbooks, bills of exchange, government bonds and treasury bills (excluding foreign credit cards circulating in China), the actor's purpose is not to make profits, but to illegally occupy public property. In fact, it is unprofitable to buy goods by credit card. The object of this kind of behavior is not the normal operation of the national economy, but the social property relationship. After the establishment of the crime of credit card fraud, the act of forging credit cards constitutes the crime of forging or altering financial tickets as stipulated in the cost law, while the act of using forged credit cards constitutes the crime of credit card fraud, and there is an implicated relationship between them, which should be severely punished as a felony. Because the statutory penalties for the two crimes are the same, it is appropriate to punish the consequential offense in the implicated offense with the crime of credit card fraud.