论妨害信用卡管理秩序罪

Discussion About Crime of Disrupting Order of Credit Card Administration

文章分析了妨害信用卡管理秩序罪的基本特征及其司法认定,认为其破坏了信用卡的制作、发行和申领秩序,客观上实施了刑法修正案(五)所规定的妨害信用卡管理秩序的行为,主观上是故意的。司法实践中,应注意区分罪与非罪及与其他相关信用卡犯罪的区别。

This paper analyses the basic characteristic and judicial review of crime of discrupting the order of credit card administration. And thinks that it breaks the make, the publishment, the petition of credit card. It implements the behavior discrupting the order of credit card which are stipulated in Amendment V of criminal law, so it is deliberate in objectivity. In practice, we should differenciate the crime, the innocence and other crimes of credit card.