Analysis On The Legal Nature Of Withdrawing Money From ATM With Picked-up Credit Cards

The paper consists of 7sections in addition to the Induction and Conclusion. The first section is the general introduction and put forth the major subject of this paper through typical cases; the second section confines the theoretical basis of credit cards and ATM's legal nature; the third section makes a comparison of concerning laws and regulations between China and foreign counties; the fourth section introduces the academic argumentation of "Whether the machine can be deceived or not?"; and the fifth one analyzes the connotative meaning and substance of "False using of other people's credit cards"; the sixth identifies the conditions to determine a credit card fraud; whereas the seventh provides recommendations for improving the legislation: incorporate Crime of Computer Fraud into laws and proposes the author's initial assumption.Starting with the legal nature of credit cards and ATM, the paper discloses the legislation background, reasons, peculiarity and areas of application through the comparison of concerning regulations in criminal laws between Germany and Japan. Basing on this, the paper particularly analyzes the focused proposition: "Whether the machine can be deceived or not? " . Scholars with cons opinion assert that machines can't be deceived, basing on the general theory of German and Japan criminal laws. On the other hand, scholars with pros opinion elaborate that ATM is of intelligence and it embodies man's will, thereby admitting that it can be deceived will keep pace with the time's development. How to precisely confine the nature of misuse of lost credit cards? It is necessary to conduct a detailed analysis on Article 163 of Criminal Law, concerning the false using of other people's credit cards. The fourth section analyses this issue in aspects of the meaning, forming, conditions and the objects of credit card false using, as well as stressing that the essence of false using of credit cards is identity fraud.Basing on the previous demonstration, the fifth section makes an brief introduction of the reasons and causes in defining offence of misappropriation and larceny, then respectively rebuts the above reasons and elaborate the author's opinion, i.e., the fraud crime of credit cards should be established. Furthermore, the paper demonstrates this point in three aspects: first, intelligent machine is potential to be the crime of fraud's object; the second, withdraw money from ATM with other people's credit cards can be deemed as typical triangular fraud; thirdly, the deeds are in conformity with China's criminal law's regulations regarding false using.The last section analyzes the loopholes of existing legislation and proposes the author's views for improvement-set computer fraud as a crime, which will extend the Criminal Law's coverage as well as coping with the increasing problems arose by the extensive application of intelligent machines in our daily life.