论我国刑法中的信用卡犯罪

Discussion of credit card offenses in Criminal Law in China

信用卡犯罪,不是一个独立罪名,而是理论上对以信用卡为犯罪对象或工具的一类犯罪的统称。《刑法》及《刑法修正案五》规定了5个涉及信用卡的犯罪,每个罪名还包含若干个行为类型。由于立法条款本身的复杂性与犯罪手段的形式多样性,给信用卡犯罪的认定带来较大的困难。文章通过对各种具体信用卡犯罪行为特征的分析,旨在使人们对这类"涉卡"犯罪有一个整体的把握,从而实现对不同信用卡犯罪的准确定性与正确量刑。

Credit card offenses, not accounted as a single offense in the Criminal Law, but theoretically indicated as a sort of offenses that are committed against credit card or as a tool. Five offenses with regard to credit card are included in the Criminal Law and The Fifth Amendment to The Criminal Law, each offense respectively including several types of acts. Due to the complexity of legislature and variations of crime, the conviction of credit card offenses is difficult. Through analysis on characteristics of various credit card offenses, the paper draws a picture of credit card offenses, aiming at an appropriate conviction and the relevant sentence on them.