A Study On Legal Nature Of Using The Stolen Credit Cards

With the development of the economy, the use of credit card in China is wider and wider, and cardholders are increasing, and due to the defective and imperfect credit card management systems and bank supervisory and regulatory mechanisms, there is a sharp rise in credit card crimes in our country. It seriously undermined our country's management order of credit card and property ownership. In particular, the phenomenon of "using the stolen credit cards" is sharply increasing and becomes one of the important ways of credit card crimes. There is a heat discussion of "using the stolen credit cards" in China's criminal law circle, but it never reaches a consensus.This paper aims to explore the nature of "using the stolen credit cards" from the judicial point of view. The author hopes to analyze the difficult problems concerning "using the stolen credit cards" by exploring the case and referring to the relevant provisions of China's Criminal Law to further improve our country's judicial practice.The paper analyzes the difficult problems concerning "using the stolen credit cards" from the aspects of the nature of "using the stolen credit cards" and "using the stolen credit cards" in the joint crime. The full paper is divided into five parts:The first part is the introduction of the case. The paper selects a case of stealing a credit card and using it together. Zhang stolen a bank debit card of his colleague Wang and told her husband that she picked up a bank debit card and ID card. The next day, Zhang and Lu drew 5000 Yuan out from he ATM by piloting a password according to the ID card number.The second part is the focus of the case. First of all, the focus of the case is how to judge the act of Zhang. Then, that is how to judge the act of Lu. At last, it is to determine whether Zhang and Lu is joint crime.The third part is the disputes and different viewpoints of the case. Although in accordance with the article 196 of China's Criminal Law, Zhang's act is a theft, but there is a lot of controversy among criminal law scholars mainly divided into two groups. That is theft and credit card fraud. And for Lu's act that he did not know that the credit card he used was stolen by his wife, there are mainly three viewpoints. The first view is that it does not constitute a crime. The second view believes that it constitutes a theft and the third view holds that it is credit card fraud.The forth part is the legal analysis, which is the focus of the paper. First of all, the author defines the connotation and extension of credit card in "using the stolen credit cards". The author makes sure that the credit card in criminal law includes both the credit card in financial law and the debit cards. Then, the author analyzes the different circumstances of "using the stolen credit cards". The first is stealing credit cards and using it and the second circumstance is not stealing the credit cards only using the stolen credit cards. The third is the act of "using the stolen credit cards" on ATM machines. For the first circumstance, the author believes that it constitutes credit card fraud, and it does not constitute a theft. For the second circumstance, the author divides it into two situations. The first is that the perpetrator knows the credit card is stolen and uses it. The author thinks that it is a succession of joint crime. It only constitutes a credit card fraud. The second is that the perpetrator does not know the credit card is stolen and uses it. The author believes that if the perpetrator knows that it is other people's credit card, he commits the credit card fraud. If the perpetrator does not know it, his act is legal. For the third circumstance, some people expressed that the machine can not be cheated so the act of "using the stolen credit cards" on ATM machines constitutes theft. But the author believes that it should constitute a credit card fraud. Finally, the author analyzes the question whether Zhang and Lu are joint crime.The author believes that part joint crime should be advocated.The fifth part is the conclusion. The author believes that Zhang's act commits a credit card fraud,but in accordance with the article 196 of China's Criminal Law, Zhang's act is a theft; and Lu's act is credit card fraud. At the same time,they are joint crime. Zhang plays a major role so he is the principal criminal and Lu just helps Zhang so he is an accessory.