信用卡犯罪若干疑难问题探析

Discussions on Some Difficult Problems of Crime of Credit Card Fraud

本文针对信用卡犯罪理论上和实践中存在的诸多疑难问题进行了深入研究。笔者认为:盗窃信用卡并使用的定性应具体问题具体分析,不宜笼统地以盗窃罪论处;对捡拾信用卡及其后续行为的认定应分而论之;盗划信用卡应当以信用卡诈骗罪论处;与信用卡有关的勾结犯罪、持有犯罪、恶意透支等问题也应区别对待。此外,笔者还对信用卡犯罪在立法上存在的空缺及司法上存在的错误倾向提出了建设性完善意见。

Many kinds of difficult problems relating to credit card crimes are deeply discussed in the article. The authors point out that it should be differently determined that one steals credit card and then uses it, which is not determined as theft; it should be dealt with each case on its merits to pick up credit card andd further use it; it should be held as fraud to secretly use others＇ credit card; and it should be differently determined to collude with others for crimes relating to credit card, to possess credit card, to evilly overdraw through credit card and so on. Otherwise the authors also give some good proposes about improving the legislature and justice of credit card crime.