Legal analysis: the composition of the crime. 1. Object requirements. The object infringed by this crime is a complex object, which not only infringes on the state's financial instrument management system; specifically, the credit card management system, but also causes damage to the public and private property ownership of the bank and the relevant parties of the credit card. Criminal composition. 2. Object requirements. The object infringed by this crime is a complex object, which not only infringes on the state's financial instrument management system; specifically, the credit card management system, but also causes damage to the public and private property ownership of the bank and the relevant parties of the credit card. 3. Main elements. The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. The unit can also become the subject of this crime. 4. Subjective requirements. This crime can only be subjectively constituted intentionally and must have the purpose of illegally possessing public or private property.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. 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 a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he 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 his property shall be confiscated: (1) Using a forged credit card, or using a false identity certificate to defraud someone. (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.