On The Criminal Determination Of Using The Lost Gredit Gard By Picking Up

"The Behavior of using the lost credit card" is defined, the offender picked up by all the others by commercial banks or other financial institutions with the consumption and payment, credit, transfer and settlement of accounts, access cash to wait all or partial functions of legal and efficient electronic payment card, and the realization of all or part of its functional behavior. To use the media as the standard of" the Behavior of using the lost credit card" classification, the act can be divided into the lost credit card and for human use, lost credit card to use the machine and the lost credit card to use and to use the machine three."The Behavior of using the lost credit card" qualitative, theoretic existence controversy. There are mainly three kinds of views, theft said that this act constitutes a crime of theft; credit card fraud said that his credit card and uses the behavior constitutes crime of credit card fraud; the distinction that is more complicated, which can be subdivided into the crime of fraud on credit card and innocence, credit card fraud and theft. As well as the crime of credit card fraud, embezzlement crime and innocence and in three cases. Crime of theft and the distinction that are open to question, can well solve the lost credit card and uses the behavior problem of the nature of the crime of credit card fraud, that is in the field of theory, which can well solve the lost credit card and uses the behavior qualitative problem."The Behavior of using the lost credit card" in the crime of credit card fraud conviction and punishment has both theoretic rationality and practice rationality. Specifically, lost credit card and uses the behavior because of not having the embezzlement in lawful possession of premises does not set up embezzlement; this behavior is not consistent with the theft "steal" feature, nor its theft; this behavior with the criminal nature, not according to civil law act. For "the Behavior of using the lost credit card" either lost credit card and on human behavior or lost credit card and to use the machine, constitute the crime of credit card fraud.