The Qualitative Analysis Of The Withdrawal Behavior By Using Other Bank Cards

With the development of society and electronic technology,bank cards are getting more popular,simultaneously causing a series of criminal cases.In the law practice,the bank card abuse(abuse their own or others' illegally)is arising rapidly,attracting widely public attention.As far as crime involved credit card,it's hard to define it as the traditional embezzlement,theft or credit card the crime of fraud,there is no standard judging what crime it is,thus leading to law practice chaos-‘same case but different judgments'.This paper mainly,through a typical case,analyze and compare the problem of credit card fraud,theft and embezzlement in judicial practice,trying to find out the difference between the three,and put forward his own opinion,in order to solve the problem arising among three crimes in judicial practice.This text is divided into four parts,including 24000 words.The first part is the case introduction.Describing the use of other people's bank card withdrawals of deposit,and take it as his own possession illegally;In the case of the trial,the qualitative and the controversy focus of the behavior of Liu arise among every party.The second part analyzes the focus of controversy from the legal point of view.This part will from the angle of ‘determination of the deposit',‘filch secretly' and ‘fraudulent use of the identification' judicial judgments and try to find out the differences between the crime of credit card fraud,theft and embezzlement.The third part is the case analysis and conclusion.Based on the analysis of legal theory,this paper analyzes the case and draws a conclusion that it is a crime of embezzlement.The fourth part is the case of study.In this part,the author puts forward some suggestions on how to amend the relevant judicial interpretations and improve the criminal law about stealing other people's credit card,finally solving the problems in judicial practice.