谈冒用型信用卡诈骗罪

A Discussion On False Use of Other's Credit Cards in Credit Card Fraud

备受关注的许霆一案,使人们开始关注刑法中有关信用卡的犯罪。冒用他人信用卡是信用卡诈骗罪的客观行为表现之一,也是认定犯罪的难点之一。刑法仅规定盗窃他人信用卡并使用的以盗窃罪论处,而没有规定对其他非法获取他人信用卡并使用的行为如何认定。应考虑到行为人实行前一非法行为的方式,及与后一冒用行为的关系,来确定行为的性质与罪数。

These days the society focused on the case of Xu Ting and it made us care a lot more about crimes concerning credit cards. The false use of other＇s credit cards is one of the categories of conducting swindling activities of credit card, likewise it is one of the difficulties to recognize the credit card fraud. The Criminal Law only regulates that whoever steals and use a credit card shall be decided as a crime of theft. There is no more regulations concerning how to recognize the activities of false use after an unlawful conduct. When determining conducts to be single crime or several crimes, we should take the manner of the unlawful conduct into account, together with the relationship between the unlawful conduct and the false use.