ABSTRACT

As credit card interactions became more common and widespread in Chinese social and economic activities, there was also a growing number of criminal cases relating to credit card fraud that have come to the attention of authorities. The Standing Committee of the National People's Congress promulgated the Decision on Punishment of Crimes of Disrupting Financial Order in June 1995, which resulted in the establishment of new crimes, including that of credit card fraud, to regulate the order of the financial sector. Some perceptive scholars in Japan have also realised that the essence of 'overdrawing with ill intentions' should instead mean abuse of the trust between issuer and cardholder rather than fraud. They argued that the crime of abuse of credit card should also be enacted in future legislation in Japan. Similarly, the author agrees that the essence of 'overdrawing with ill intentions' should belong to 'abuse of the trust' rather than 'fraud'.