| 英文摘要 |
The related judicial interpretation had been determined the qualitative of the behavior of robbing credit card and using it as robbery, and the academic circles have different opinions on this behavior. Jurisprudentially, the qualitative of this behavior first needs to evaluate separately on two levels of the credit card and account. After credit card robbery, the card-level robbery had been accomplished. The evaluation of the behavior of grabbing credit card and using credit card on account–level needs to consider whether there are deposits in the account, if there are, the account number is total credit certificate, and deposits are the divided credit certificates, the nature of the behavior of obtaining divided credit certificates is determined by the nature of the behavior of obtaining the total credit certificate which is robbery; if not, the account has no property value, and the behavior of grabbing credit card on account–level is a preparatory behavior for subsequent behavior of using credit card, and the behavior of using the credit card to overdraw is the act of acquiring property, at this time, it is necessary to distinguish overdraft between on-the-spot and afterwards, and then evaluate the behavior of using credit card as crime of robbery or credit card fraud. For robbery and use of debit card, the standard of crime accomplished on account-level is that the actor had been obtained the appearance of deposit or cash legal possession through transaction. The nature of this kind of behavior given by relevant judicial interpretations violate the legal principle of criminal punishment in some cases, and it is worthy of reflection. |
