Pick Up The Credit Card And Analyze The Legal Qualitative Problem Of ATM Withdrawals

With the rapid growth of China’s economy, the growing prosperity of the financial services industry, credit card business in our country has been widely spread and expand, use a credit card number increases. At the same time, credit card related criminal activities in the field of present the rise, it seriously affected the stability of our country’s financial management order. To strengthen the legislation of credit card crime in our country, but in the judicial practice there are still some special associated with credit card crime situation, experts on these special criminal case when charges is maintained to the larger differences. Especially in the collecting card and on ATM withdrawal behaviors of qualitative issues, the most intense debate over the academic field and practice field, the supreme test has specially introduced "approval", but the problem is not with the policy of "reply" and then to solve, more controversy. Therefore, this article through to the three typical "collecting bank card and on ATM withdrawals" case analysis, and put forward in this paper, opinions about the case of qualitative, so as to provide reference for dealing with similar cases in the judicial practice.In this paper, the main text is divided into four parts:The first part through the basic facts of three cases, which leads to the judicial practice of collecting and credit card in the ATM withdrawals this behavior qualitative differences, disputes and introduces, this paper analyzes several opinions, summed up the focus of dispute case.The second part mainly around the focus of dispute case analysis. Involves the following three aspects: first, pick up whether the bank CARDS and cash in ATM belongs to forget the analysis. Second, the analysis about ATM can be deceiving. Third, the collecting bank card and on ATM cash withdrawal behavior whether to belong to the analysis of the falsely use another credit card.The third part in the second part, on the basis of using the traditional four elements crime constitution theory in our country to analyze case involving the differences of opinion, it is concluded that pick up credit card and behavior in atms constitute theft conclusions.The fourth part mainly introduces the highest inspection "approval" as "pick up the credit card and is using a credit card in the ATM withdrawals, according to the credit card crime of fraud of the convicted and punished" in the judicial application of concrete two problems that may occur, and aimed at the problems existing in the "reply" the improvement of the related Suggestions are put forward.