关键词: 信用卡诈骗罪, 盗窃信用卡并使用, 恶意透支, 停止形态

Abstract: There are a number of confusions and disputes with definitions of Credit Card Fraud. First, the cardholders connotation and the classification should be defined and re-classified. Second, in fact, the qualitative of “Stealing Credit Card and Using It” is a kind of Credit Card Fraud, it is not a provision of attention but a legal fiction. Then, Malicious Overdraft crimes regarded as a kind of Credit Card Fraud still has rationality, so there is no need to let Malicious Overdraft crimes become a new type of crime for the moment. Finally, through the study the subjective and objective characteristics of the Credit Card Fraud, conclusion is drawn that criminal cessation pattern can be existed in this crime.

Key words: credit card fraud, stealing credit card and using it, malicious overdraft, criminal cessation pattern