Determination Of The "Falsely Using Other's Credit Card" In The Crime Of Credit Card Fraud

Many kinds of difficult problems relation to"falsely using other's credit card as their own"in the crime of Credit Card Fraud are deeply discussed in the article .According to the paragraph 3 of article 196 of Criminal Law, those who falsely use other's credit cards as their own should be determined as the crime of Credit Card Fraud, but there is no the common issues on the determination of the falsely using the other's credit card."Falsely using other's credit card as their own"should include the"personating as other's identity"and"using other's credit card". The key to personating as other's identity is no lawful authority by the owner of credit card. The behavior of using other's credit card is determined personating as other's identity only without the consent from lawful owner, no matter that the way of getting other's credit card is lawful or not. Falsely using other's forged or cancelled credit card should be determined the behavior of using forged or cancelled credit card. According to the prince of reasonable interpretation of crime, the"using"of"using other's credit card"is kind of economy behavior, which ought to implement all or some of the functions regulated in the law of credit card. The using should be restricted the legal relationship among the bank, lawful owner and franchised dealer. Meanwhile, the behavior encroach the credit card management order. Considering the relationship between ATM and bank, interpretation theory and the social harmfulness of crime, the seminal behavior happened on the ATM should be determined as"falsely using other's credit card as their own". The multiplicity of the manner of getting other's credit card determine the various manifestation of"falsely using other's credit card as their own". When determining conducts of falsely using other's credit card, we should take the getting manner of the unlawful conduct in to account together with the falsely using. Considering the regulation of judicial interpretation, three lawful types of"falsely using other's credit card as their own"are discussed, which include the behavior of"Picking up other's credit card and using it","deceiving other's credit card and using it"and"stealing, buying, plundering or other unlawful way to getting information of other's credit card and using it in internet."Other's situation of falsely using other's credit card"should include the behaviors of stealing and using other's credit card, plundering and using other's credit card and financial workers with credit card unlawfully possess other's property. However, whether the behavior of"robbing and using other's credit card"belongs to"falsely using other's credit card as their own"depends on the discussion that the robbing aim of the behavior of robbing and using is one."Picking up other's credit card and using it"should include"picking up other's credit card"and"using other's credit card"."Picking up other's credit card"can be departed two different part which is no impaction to the actually occupation of money of the credit card, which is lawfully occupied by bank. Person who pick up other's credit card can be considered as obtaining of money .Those who pretends to be the real possessor use the picked up other's credit card aimed to unlawfully possess money should be determined the crime of Credit Card Fraud, no matter with lost credit or forget tied credit, or refused to return the unlawfully possessed money by behavior. The scholars still have different opinions about the regulation that"stealing other's credit card and using it constitutes crime of larceny". In the discussion of the correlation theories, such as may not punish and so on, I insist that the regulation belongs to fiction, which is unreasonable. The behavior of stealing and using other's credit card belongs to"falsely using other's credit card as their own", ought to be determined the crime of Credit Card Fraud. That deceiving or plundering other's credit card and falsely using other's credit card delivering the same criminal intention is the premise of determining the behavior as the crime of Credit Card Fraud. Accurately determining the behavior of"the process of theft including deceiving"is the key of determining different crime, which depends on the interpretation of punishment. Those who only rob other's credit card should be determined as the crime of robbing. The conclusion that robbing credit card and using it meanwhile constitutes the crime of Robbing, but using it for another aim to possessing other's money constitutes the crime of Robbing and Credit Card Fraud ,which is based on the same robbing intention or not. Determining the collusion criminal between the financial workers and behaviors is up to criminal intent contraction. The financial workers should be determined the crime of hindering credit card management order and the behaviors should be determined the crime of Credit Card Fraud when there is criminal intent contraction. Otherwise, not only financial workers but also behaviors should be determined the crime of Credit Card Fraud. No matter the manner of getting information of other's credit card is lawful or not, the behavior of using the information of other's credit card without consent from lawful owner should be determined as"falsely using other's credit card as their own".