On The Criminal Classifiction Of Using The Lost Credit Card By Picking Up

In judicial circle, cases of the using the lost credit card by picking up occur from time to time and become a rising trend. As the action of using the lost credit card by picking up is a serious harmful to society, the increase of such cases has caused people to the action of using the lost credit card by picking up qualitative concerns. However, they also bring a great deal of confusion that there are different views over the criminal classifiction of using the lost credit card by picking up between menbers of theory of criminal law and the bar. In order to solve this problem, it is necessary to research the criminal classifiction of using the lost credit card by picking up.In order to classify the action of the using the lost credit card by picking up, we must definite the meaning of the credit card by picking up and the using credit cards. Credit card includes not only the traditional credit card of entitiy but also the virtual credit card and other credit card information. The lost credit card by picking up refers to the credit card which is forgotten, lost or discarded by others. The using credit card is the action in accordance with the credit card function and the usual manner which aims to play the role of credit cards. According to the different conduct tract, the action of using using the lost credit card by picking up could be classified into two categories. One conduct tract is using using the lost credit card by picking up in the self-service way. The lost credit card by picking up in the non-self-service way.There are controversial views on the criminal classifiction of using the lost credit card by picking up including monism and the distinction between menbers of theory of criminal law. However, the classification standards of these views and the specific point of view are not quite reasonable.The criminal classifiction of using the lost credit card by picking up could be from a different perspective. According to different conduct tract, it could be classified under the classification of using the lost credit card by picking up in the self-service way and the non-self-service way. The acting that using the lost credit card by picking up in the self-service way is contrary to others'will and transfer their property to their own in a peaceful way. If the amount is larger, the action should be convicted of banditry. The acting that using the lost credit card by picking up in the non-self- service way shouled be convicted of crime of fraud on credit card, if the amount is larger.