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Analysis of Criminal Jurisprudence of Abusing One’s Own Bankcard Under the Perspective of Crossed Case of Civil Law and Criminal Law
Pages: 72-77
Year: Issue:  3
Journal: Journal of Party School of Shengli Oilfield

Keyword:  abusing one’s own bank cardlegal relation of bank cardscrossed case of civil law and criminal lawthe application of law;
Abstract: The abusing of one’s own bank card has the typical character of crossed case of civil law and criminal law.The card holder’s identity and the operation of the bank card both have legal appearances,which brings the confusion to the application of the criminal law.The possession of the deposit and the criminal property of the ATM machine should be made clear.In the abuse of one’s own bank card,whoever takes advantage of the machine faults commits the crime of embezzlement;whoever deposit the counterfeit money in exchange for real money or remove others’ money in his card should be seen as the crime of fraud.When ascribing the legal liability to crossed case of civil law and criminal law,the different rule must be applied to natural crimes or statutory crimes.
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