论妨害信用卡管理罪

Discussion on the Crime against Control of Credit Card

我国《刑法》新增设的妨害信用卡管理罪是指违反信用卡管理规定,严重妨害信用卡管理的行为;本罪的主体为一般主体,单位不能构成本罪;本罪在主观方面是出于故意,其中,“持有、运输伪造的信用卡”或者“持有、运输伪造的空白信用卡”的,行为人主观上必须明知。本罪在客观方面表现为行为人实施了《刑法》第177条之一规定的四种具体行为;本罪侵犯的客体为金融机构的信誉以及金融机构和公众的合法利益;正确认定本罪必须明确其与伪造金融票证罪、信用卡诈骗罪以及窃取、收买、非法提供信用卡信息资料罪的界限。

With the crime of credit card becoming increasingly rampant, the crime against control of credit card is superinduced in the Criminal Law of our country. This crime refers to the demeanours of violating the provisions of credit card - control, and hampering the control of credit card seriously. The subject of this crime is a common subject, and the unit can not commit this crime. The subjective aspect of this crime is intent. Those who ＂hold, transport and forge credit card（s） ＂ or ＂hold, transport and forge vacant credit card（s） ＂ must know clearly. The objective aspect of this crime shows that the doer carries on the 4 kinds of idiographic actions stipulated in one of the 177th item of Criminal Law. The object of this crime is the credit standing for financial institutions and the legitimate rights of financial institutions and the public. To interpret this crime correctly, we must nail down the circumscription between the crime of fabricating financial bill, the crime of fraud of credit card and the crime of filching, buying, offering the information of credit card illegally.