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.
References
[1]
Jin, M. T. (2013). On the Effectiveness of Debtor’s Satisfaction of Claims Quasi-Possessor. Jurisprudence, 3, 90-94.
[2]
Jin, Y. (2015). On the Legal Effect of the “Deemed to be in Person” Clause in Credit Card Contract. Oriental Law, 2, 156.
[3]
Liang, H. X., & Chen, H. B. (1997). Property Law (p. 213). Law Press.
[4]
Lin, Y. X (2008). Strict Proof and Criminal Evidence (p. 164). Law Press.
[5]
Lin, Y. X. (2005). Criminal Procedure Law (p. 27). People’s University of China Press.
[6]
Liu, Y. (2003). The Understanding and Application of the System of Quasi-Possession of Claims. Application of Law, 1, 131.
[7]
Rosenbeck, L (2002). The Theory of Burden of Proof—Based on the German Civil Code and the Code of Civil Procedure (p. 104). China Legal Publishing Press.
[8]
Shi, S. H. (2000). General Theory of Debt Law (p. 734). China University of Political Science and Law Press.
[9]
Wang, X. (1999). Financial Jurisprudence (p. 200). China University of Political Science and Law Press.
[10]
Xu, C. (2014). Research on Proof Issues in the Lawsuit of Claims of Stolen Deposits by Counterfeit Cards. Journal of Hunan Radio and Television University, 2, 56.
