Criminal Determination For Behaviour Of Using Picked Credit Card

How to determine the nature of the behaviour of using picked credit card in criminal law cause controversy in academic and judicial practice territory, peoples have different viewpoints. On the basis of defining the concept of using picked credit card, this 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, then comments on different doctrines and propose own view----the behaviour should be convicted of crime of fraud on credit card.There are controversial views on the criminal classifiction of using picked credit card including unitary doctrine and multivariate doctrine(in different location/usage/using occasion/feason for the standard to distinguish). However, the classification standards of these views and the specific point of view are not quite reasonable.So we need to recognize its nature again.By introduction of academic dispute and analysis, sum up and sort out the key to the problem of the split view, and then clarify these questions one by one. For example,possessing the credit card is not equal to possessing deposits; machines cannot be cheated but the "invisible man" who behind machines can be deceiving.“The behaviour of using picked credit card” in the crime of credit card fraud conviction and punishment is reasonable and feasible. Taking objective structure of crime of Fraud as angle of view, the behaviour of using is the key to the qualitative.The behaviour of using picked credit card should be convicted of crime of fraud on credit card.According to the needs of the judicial unity, this is the most feasible way in practice.