Legal Analysis and Victim Identification of Credit Card Fraud Cases
- 1 China University of Political Science and Law, Beijing, China
Abstract
To justify that the bank is the real victim of the credit card fraud cases, this study, from the perspective of the attribute of money, makes it clear that money still has the attribute of “possession is ownership” in the field of property crimes. The money deposited by depositors in the bank is immediately occupied and owned by the bank, and what the thief violates is actually the bank’s property. However, when a fraud case occurs, the bank immediately compensates for its own losses by eliminating the same amount of claims of depositors, and the identity of the bank’s victim is therefore covered up. Theoretically speaking, the legal background of the disputes of credit card fraud cases is the issue of the effectiveness of the debtor’s payment to the quasi-possessor of creditor’s rights in civil law. Under the influence of this theory, we can observe and interpret the common defense reasons in the disputes of credit card fraud cases, in order to benefit the judicial practice.
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