Criminal Qualitay For Behaviour Of Using Picked Credit Card In ATM

In modern society,credit card gradually walk into the life of common people.Credit card is not only convenient but also easily lost and stolen,bringing great trouble to the life of people. How to determine the nature of the behaviour of picking and using credit card, especially the behaviour of using picked credit card and drawing money from ATM in criminal law cause controversy in academia and judicial practice territory, peoples have different viewpoints on how to determine its nature in criminal law,In order to solve this problem, it is necessary to make the cognizance of the deep study of criminal law, especially in picking up and using others card in ATM. This paper will gradually expound this problem from three parts.The first part of this paper define the concept of using picked credit card.At first it expound the necessity of defining concept of behaviour using picked credit card from the perspectives of legal hermeneutics, then it carry on detailed definition about the concept of credit card, picking up credit card and using acredit card.The second part of article introduces academic dispute on how to determine the nature of the behaviour of picking and using credit card in criminal law in academic circles, there are mainly two different doctrines, unitary doctrine and multivariate doctrine.The author then comments on standard of classification of different doctrines and contents,and propose own view.In the third part,the author principally discusses quality of criminal law about the behaviour using others credit card to draw money from ATM.Firstly probe into criminal nature of credit card fraud from the standpoint of function of legal interpretation, meaning interpretation and objective interpretation.Secondly,take objective structure of crime of fraud as angle of view and expound and prove criminal nature of credit card fraud from the perspective of fact that fabricate oneself as card older,ATM deceived and ATM dispose of properties.The last section of this thesis is epilogue, author briefly summarize full text.