The Analysis Of Chen And Others’ Theft

Chen and others theft case focus mainly on how the behavior of the behavior should be qualitative,that is,theft,fraud or credit card fraud convicted sentencing.After analysis and research,it is concluded that:firstly,the object of Chen and others’ behavior violates the object category of theft,and its behavior does not accord with the"secrecy" characteristic of theft,so its behavior does not constitute theft.Second,the case does not belong to the traditional sense of fraud,but a new type of triangular fraud.Finally,from the object of the violation,the debit card belongs to the credit card category,Chen and others violations of the behavior is a complex object,both violations of public and private property ownership,but also violated the national credit card management system;from an objective point of view,Chen The behavior of a certain person is not an ordinary involving credit card fraud,but fraudulent use of other people’s credit card behavior;from the subject point of view,Chen and others have reached the full criminal responsibility age and mental normal,have full criminal responsibility;Subjectively,Chen and others have the intention of illegally possessing the property of others,and knowing that the bank card used by others is a true and effective credit card for others.In summary,the case is not only in line with the crime of crime constitute the elements of the crime,but also in line with the crime of credit card crime elements,belong to Article 264 of the Criminal Law and Article 196 of the law,Convicted and punished with credit card fraud.Through the analysis and research on the theft of Chen and others,the paper puts forward some suggestions on the qualitative analysis of such cases,and puts forward some suggestions on further clarifying the meaning of "fraudulent use of others’ credit card" and introducing relevant guidance The case of the proposal.