Research on the Legal Nature and Judicial Application of The Theft and Usage of Credit Cards ‐ Case Commentary on the Theft Case of Kong and Yang

Jiatong Pan

《International Journal of Social Science and Education Research》 7卷2期 (2024/02) Pp. 64-70

https://doi.org/10.6918/IJOSSER.202402_7(2).0008

摘要

Article 196 of the Chinese criminal Law provides for the crime of credit card fraud, in which the third paragraph stipulates: "Anyone who steals a credit card and uses it shall be convicted and punished by the provisions of Article 264 of this Law." The nature of this provision is controversial. How to apply in judicial practice is not consistent. This paper, using a specific case for entry, focuses on the analysis of the advantages and disadvantages of the application of the doctrine, to further clarify the nature of the provisions of the paragraph, and optimize the judicial application in the future.

關鍵字

Theft and usage of credit cards ； Theft ； Credit card fraud ； Amount determination

參考文獻

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