TITLE:
Legal Analysis and Victim Identification of Credit Card Fraud Cases
AUTHORS:
Xin Chen
KEYWORDS:
Monetary Properties, Credit Card Fraud, Debt Settlement, Claim Quasi-Possessor
JOURNAL NAME:
Chinese Studies,
Vol.10 No.4,
November
4,
2021
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.