Study On The Penal Law Determination Of Bank Card Loss Reporting By Real-name Person To Obtain Other People’s Deposits

With the quick growth,constantly change and unlimited possibilities of society,property crime cases occur in multiple forms while showing an upward trend.Everyone almost holds a bank card in his hand,but puts other people’s money in his own pocket is illegal,so the bank card has become a convenient tool for illegal actors.For example,if you go to the bank to apply for a bank card with your own ID,and then let others use this card by renting or purchasing and save money into this card,the real person in the account who learns that there is another person’s deposit in the card would go to the bank with their own ID card and adopt the method of reporting the loss and renewing the card to secretly took away the deposits of others,spending splurged.This behavior looks simple but complex in reality,so it makes people unable to grasp the current behavior for a while,which makes many people distressed.After using the bank card improperly,some people want to get property that doesn’t belong to them by the unproper method.Regarding this kind of behavior,there is no specific judicial interpretation of the criminal perpetrator’s such behavior.Although in judicial practice most of the crimes of theft are now convicted and punished.Scholars both in academia and practice have also put forward their own views on how to unify and clearly define the illegal behavior of the real celebrity in the account.Moreover,as for the determination of the constitutive elements of the crime involved in the act of reporting the loss and receiving other people ’ s deposits in the account,most scholars and judicial practitioners are discussing and arguing around the two crimes of theft and embezzlement.However,some other scholars believe that the application of enrichment for regulation is unjust.This article takes the theft case of Mr Yin and the other case as examples.First of all,because the subjects involved in the case are three parties,such as the bank appeared in the case,the actual depositor and the nominal depositor.It is extremely important to clarify the nature of the deposit contract,the connection brtween the bank and the actual depositor and the relation between the bank and the nominal depositor.And then analyze the ownership of the deposit.Secondly,to the act of occupying the deposits of others bank card according to the account name,analyze whether unjust enrichment in civil law can be applied to regulate,but the perpetrator has the purpose of illegal possession and refuses to return it,which has gone beyond the scope of punishment for unjust enrichment.Based on who is attributable to possession caused by possession,to analyze the constitutive elements of the crime of theft and embezzlement and the controversy caused by the "unusual voice" of unjust enrichment.At last,one conclusion is drown based on the difference between embezzlement and theft,which means that the perpetrator rents out or sells his bank card to others,reports the loss and takes out the deposits of others’ credit card,and take it for yourself or squander it,being convicted of embezzlement.The above analysis leads to some arguments about the judgment of "possession" and the crime of theft and embezzlement.To Summarize,this article first analyzes "deposit claims" and "ownership of deposits",affirms the case is determined based on the difference between the theft crim and the crime of embezzlement in terms of the rights and interests protected by possession and the difference in terms of behavioral,to conduct analysis and determination based on the specific case.