The Objective Elements Research of the Crime Against Control of Credit Card
|School||Southwestern University of Finance and Economics|
|Keywords||objective elements qualitative research quantitativeresearch applied research|
With the continuous development and improvement of China’s socialist market economy, economic crime, the crime rate is also high, the crime of impairing credit card administration is one of them. This article aims to create a practical value of the theoretical tools to assist the identification of the objective elements of the crime of impairing credit card administration.In addition to the preface and conclusion, the article is divided into four parts.Part1, the legislation of the crime against control of credit card. First, explore the meaning of impairing credit card administration acts harmful to society and into the criminal. Through the analysis, I believe that the behavior of impairing credit card administration a serious impact on our credit card order, most likely within a very short time, a potentially dangerous entity of the financial institutions and the legal title to property of the citizens causing substantial damage, with more large social harm. From the perspective of judicial practice, drawn originally belonged to the behavior of credit card fraud preparatory acts singled out the provisions of crime, reduce the burden of proof of the judiciary, to punish the conclusions on the behavior of impairing credit card administration. Secondly, the enactment of legislation on extraterritorial impairing credit card administration behavior and China’s legislative history that should be set specifically charges the acts of the regulation to curb its spread. Finally, from the perspective of the law expressed the dilemma in the judicial practice, the practice should be considered a "large number" of this amount of factors have become a problem that plagued the judicial workers.Part2, the objective elements qualitative research of the crime against control of credit card. This section is mainly to solve the dispute as defined in theoretical circles for some words some words defined provisions to the prejudice of the line card management qualitative research, such as clearly defined a "forged" and "hold","others credit card "false identification" and other words, clear the nature of the prejudice to the credit card offense for boundaries.Part3, the objective elements quantitative research of the crime against control of credit card. This part of the configuration of the "large number" limits the amount and the amounts not configured "large number of constraints to distinguish between13of the Penal Code," but the book provides research, identified criminal process is not static11=2(the real forms of judgment to judge=crime) static process, the establishment of any crime, to go through the criminal law and dynamic judgment process to form a real harm to society, that is,(harm social harm)→in accordance with the law should be subject to criminal punishment→crime, including criminal illegality to judge by the crime to complete. Configured in the large number of "constraints of the law, these restrictions only the judgment process of harm "in the form of externalization, that is, the requirements have been identified crime" harm "the amount of specific the provisions of the outside and turned it into the form of the element. At this point, the theoretical tool has been formed, namely,"to judge whether an act is in line with the objective elements of the crime of impairing credit card administration, the behavior of the qualitative analysis, if it is determined that the behavior the nature of the behavior of impairing credit card administration, followed by into the quantitative analysis phase, the quantitative analysis phase is divided into two cases, the first case is already configured that meet the "large number" limits the amount of behavior, directly applicable to the judicial interpretation of the two high on the offense of impairing credit card administration, The second situation is the meet is not configured to the "large number" limits the amount of behavior must be the judge, if the number is very small, the plot is slight, the elements of conformity in the form of judgment is not to enter stage, and vice versa should the number, the more serious plot, then enter the elements of compliance judgment stage.Part4, the objective elements applied research of the crime against control of credit card. Real judicial practice, innovative and difficult case study discussion, to be summed up on a point of contention, the application of this article formed the theoretical tools to analyze the spirit of empirical verification of the validity of the theoretical tools and operability.