| With the rapid development of China’s economy in recent years, property crime continues to increase, robbery and credit card fraud is particularly prominent. Scientific and technological progress and the development of the times, came into the credit card, credit card brings convenience to people but also caused a lot of problems. Increasing the number of credit card fraud, exhibit high, the momentum of frequent and often involve very large amounts. As a relatively old passbook credentials, had almost quit the stage of history, but books and credit cards, debit cards differ, with particularity, it is within the scope of a credit card or financial instruments it? So what belongs to the category of books is qualitatively bad grasp. Rob others use books and qualitative behavior, in theory there is great controversy, and some man-robbery and fraud graft, some people think we should just set fraud, there are those who believe that only a given robbery crime. In the end how to criminalize the criminal law does not clearly defined, making it imperative that the criminal system were studied in this way, forward-looking, so as to better achieve of legality, to better fight crime. This article through the judicial practice of a specific case, according to the basic facts of the case, legal analysis, the analysis concluded that the case studies have revealed levels of cases in-depth research and analysis, and draw their own conclusions and Inspiration case studies.In this paper, about 2million words, composed of five parts.The first part, Introduction. This section includes the main reason for writing as well as the meaning of this writing. One reason is that along with the development and progress of all sectors of society, existing laws can not fully meet the needs of the times, and therefore need to improve the relevant legislation in order to better fight crime. Meaning that by the time of writing this article in-depth study, familiar with relevant legal knowledge at the same time put forward their views revelation, made their recommendations to improve the relevant laws.The second part, the basic circumstances of the case, which is divided into four smaller parts. Including the cause of action, Wang robbery. Case Description, Wang robbery passbook others by way of guessing the password with the money taken out, which has a book did not succeed because the password is wrong, after the public security authorities arrested. Differences of opinion, there are three views of the case, one is Wang’s conduct constituted the crime of robbery and credit card fraud, two crimes should graft. The second is Wang constitute a robbery, which amounted to 10,000 yuan passbook is attempted. The third opinion is Wang should constitute a robbery Accomplished. The focus of controversy, the physical properties of one of the books, the second is the use of qualitative and passbook robbery, the third is not taken now, by way of a successful password guessing with robbery passbook is Accomplished or attempted. The third part is the legal analysis. This part is the core of this paper, which is divided into three parts. The first part discusses the physical properties and the category book, and credit card bills and do a comparative analysis, and explores the constitution of the crime of credit card fraud. Qualitative analysis of the second part explores the robbery and use others passbook. The third part discusses the crime of robbery.The fourth part is the case analysis and conclusion. Wang concluded that the conduct constituted robbery.The fifth part is the revelation of the case study. As can be seen from the case of shortcomings of existing laws, the need to strengthen legislation and improve legislation. |
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