On the holding of consummated crime and criminal attempt in the larceny of steal the debit cards
Abstract
Traditional purchasing coupons have been evolved and replaced by debit cards which become more popular in most stores in China as the market-directed economy being further introduced. Accompanying risks caused by the development of debit cards which face traditional currency policy operation system, both traditional bank loan system and monetary and banking security have impacts on applications of the criminal law of China. It hence becomes problematic and challenges the practical adaptations of laws.
On the basis of the principle, “a legally prescribed punishment for a specified crime”, and traditional criminal theory and criminal legislation, probing the issues on debit card crime is not only a requirement to protect the public and private assets, but also an urgent demand for feasible adjustment of the standard of criminal law and the development of the theory of criminal law. Drawing on literatures and referring to China’s criminal law and relevant stipulation of judicial interpretations, this paper discusses attempt or accomplishment, measurement of penalty in the larceny of steal the debit cards, and provides recommendations.
The whole paper has three parts. Part one, the current situation of the larceny of steal the debit cards, introduce the development and definition of debit cards, and the harmfulness of the larceny of steal the debit cards. Part two, the research on consummated crime and criminal attempt in the larceny of steal the debit cards. Part three, the peculiar circumstance and the range of measurement of Penalty on the behavior of attempt or accomplishment ready-made crime respectively in the larceny of steal the debit cards.
