Legal subjectivity:
The criminal act of buying and selling other people's bank cards should be accurately understood as "illegal possession" in the criminal law, which can be regarded as illegal possession of other people's credit cards, constituting obstruction of credit card management crime. Debit cards and bank cards are “credit cards”. "Credit card" as stipulated in the Criminal Law refers to an electronic payment card issued by a commercial bank or other financial institution that has all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. According to Article 36 of the "Credit Card Business Management Measures", credit cards can only be used by the legal cardholder himself, and the credit card and its account are not allowed to be rented or lent. Accordingly, the sale of credit cards is not allowed. Even if the purchase is a real credit card voluntarily sold by others, due to the illegality of the sale, the purchaser cannot obtain a legal basis for holding, which does not affect the determination of "illegal possession". Legal objectivity:
Article 177-1 of the "Criminal Law of the People's Republic of China" Whoever interferes with the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and A fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed, or may be imposed individually; if the amount is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than 10 years in prison, and a fine of not less than 20,000 yuan but not more than 200,000 yuan: (1) Knowingly Holding and transporting counterfeit credit cards, or holding and transporting blank credit cards knowing that they are counterfeit, in larger quantities; (2) Illegal holding of other people’s credit cards in larger quantities; (3) Using false identities Proof of fraudulently obtaining a credit card; (4) Selling, purchasing, or providing others with forged credit cards or credit cards obtained fraudulently with false identity certificates. Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.