The Study For Criminal Nature Of Stealing Credit Card Information And Use It At The Terminal

Steal credit card information and use it at the terminal is a financial crime phenomenon of the Internet financial era.According to the provisions of Judicial interpretation [(2009)19]in 2009,It was be interpreted as one of the behavior of "fraudulent use of other people's credit card",and was be characterized as a credit card fraud.Looking at the study of the nature of this behavior,the majority of scholars seem to be entangled in the "machine can be cheated" in the credit card fraud in the impact,so that they evaluate the judicial interpretation of the provisions of whether it is reasonable only from this point of view,few scholars had pay attention to whether there are other problems behind it,even if it is,it is only tantalizing,but do not in-depth systematic research.However,the real trouble with the application and the learners,not the "machine can be cheated" in the credit card fraud in the impact,why is it not interpreted as "criminal law" Article 196,paragraph 3 of the "steal of credit cards and use",and it is interpreted as "fraudulent use of other people's credit card ".If the question cannot be reasonably explained,the judicial will inevitably produce confusion and differences when they application of the provisions of the judicial interpretation at the time.Therefore,we should find its roots,cut its principles,to explore the fate behind it,in the current occasion.Full text nearly 32000 words and more than,and is divided into three parts.The first parts and two parts from the pros and cons of the two sides demonstrated why the behavior should not be characterized as larceny,but should be characterized as credit card fraud,the third part raises some crude suggestions for improving the current legislation.Details as follows:First part.Steal credit card information and use the terminal at the end of the argument is not appropriate for the larceny.This part is mainly composed of credit card information is not equivalent to the credit card,there isn't basis of the expanded interpretation and qualitative steal for the crime will violate the principle of the three principles of the composition.From the perspective of the norms of criminal law,administrative law norms and the perspective of legislative interpretation of these three dimensions of analysis,at least in the legal sense,credit card information is not equivalent to credit cards,thus in the interpretation of the meaning,the steal of credit card information and the use of the terminal should not be identified larceny.Theoretically advocated the options that "implicated factions" and "abusers" and "semi-attention,semi-fictitious",its theoretical basis is likely unreasonable,in contrast,"legal fictitious" is more reasonable,the nature of article 196,paragraph 3,should be a legal fictitious provision,and the legal fictitious provisions did not "existence of space" of interpretation for expanded.Therefore,it cannot be identified by the expanded interpretation of the identified as larceny.Based analogy has been denounced by the principle of legality,if we still interpret the behavior as "stealing a credit card and using it",that kind of explanation is analogy;it will violate the principle of legality.The second part.Steal credit card information and use the terminal at the end should be identified credit card fraud.This part is mainly based on the penalty analysis of credit card fraud,qualitative credit card fraud does not violate the principle of legally prescribed punishment,in the terminal fraudulent use of credit card information is still subject to credit card fraud and criminal object is the property interests do not affect the behavior is characterized by a small portion of the credit card fraud.From the "should be punished" and "penalty purpose" two dimensions,the behavior should be subject to criminal penalties.From the "criminal law may have the meaning" and "national prediction of the possibility of" two angles,can be considered that the behavior explained as "fraudulent use of others credit card" behavior,is a reasonable expansion of the interpretation,does not violate the principle of legality.In addition,the use of credit card information on the terminal,the object of the property is the property interests of the behavior of credit card fraud are not to have any hindrance.The third part.Improve the legislative proposal.This section is mainly recommended by the "steal of credit cards and use" should be convicted of credit card fraud;the "steal of credit card information and use in the terminal" included in the "Criminal Law" law and specific legislative statements proposed three small parts.From the existing "Criminal Law" Article196,paragraph 3,it seem lack of theoretical basis and the lack of special legislative basis of these two dimensions,the legal provisions of article 196,paragraph 3,should be changed to a modifiable provision,the steal of credit cards and the use of the behavior of qualifying for credit card fraud.In order to respond to the needs of practice,it is suggested that the criminal law information should be stipulated in the criminal law and the use of credit card fraud in the terminal to provide formal legal basis for judicial practice.In addition,from the simple requirements of the law,in the future,it is appropriate to amend the existing "Criminal Law" Article 196,paragraph 3,"to steal credit card or credit card information and use,to credit cardfraud conviction."...