Theft Of Inactive Credit CARDS And Use Behavior Qualitative

According to relevant data statistics,as of the first half of 2016,China's credit card number is close to 400 million pieces,the credit card should claim the credit balance of about 3.57 trillion,thus we get a credit card in today's society generally and the huge influence on people's life.Because of its credit card consumption,transfer and accumulation of cash,credit,and other functions,and convenient use,and brings great convenience to people's life.At the same time,its own special bid process and use the cause of the poor regulation,surrounding the credit card crime happened also varied,including theft and inactive credit card defraud the cardholder)has used after activation code of behavior.The criminal law of our country and relevant judicial explanation was not more clear rules for the class behavior,theory and practice on the identification is also debated,not been determined.So in this paper,through the similar cases of theft not activate the activation code to activate the use of credit CARDS and defraud cardholders behavior study and discussion,hope to be able to enrich theory of credit card crime and provide reference for the judicial practice contribution meager strength.This article is divided into four parts,a total of about 20000 words:The first part: the basic situation of the case.This part mainly includes the cause of action,the details of a case,the focus of disputes and disputes,the dispute focus of this paper is mainly focused on: inactive credit analysis and theft of the nature of the behavior of this kind of credit card defraud after activation code using qualitative,belongs to stealing credit card and use the behavior of others,or credit card fraud.The second part: the legal analysis of the problems related to this part is the focus of the article will discuss.According to the differences of opinion and controversial focus,theory analysis of the article is mainly focused on: first,the article 196 of the criminal law stipulated in the credit card is the nature of the inactive nature of the credit card.Second,the behavior to case crimes on the theoretical analysis of larceny.Third,the behavior of crimes in the case of credit card crime of fraud of the theoretical analysis.The author has made the detailed analysis for the above problems.First the author analyses the concept of credit card,the relevant legal provisions and opinion towards the nature of credit CARDS at home and abroad,it is concluded that the nature of the credit card.Next to this kind of behavior as a theft or the reason of credit card fraud is to make analysis and evaluation.Finally it is concluded that this kind of behavior is not stealing credit card and use the behavior of others,should not be theft,should be "used" type of credit card fraud.The third part: the analysis and conclusion of the case.According to the second part of the legal analysis of the related problems in combination with the actual situation of this case,the case research conclusion: namely Xie behavior belongs to falsely use another credit card,should decide the crime of fraud of the credit card.The fourth part: the study of revelation to the case.Through the analysis of cases involving issues related to draw some own understanding,including: clear the nature of credit card in the case involved and the use way,understanding of under paragraph 3 of article 196 of the criminal law,how to understand whether a particular law can be regarded as legal fiction,views on the credit card application and use.