与消费卡相关的犯罪研究

On Crime Related to Expense Card

消费卡产生于民事领域,其实质是一种反映民事法律关系的权利凭证。消费卡是商家与客户之间商品买卖契约的(或接受服务)凭证,客户预交款后换取的一种通用提货(或享受服务)证明。消费卡具有经济价值性和可支配性,是刑法上的财产。消费卡是合法有效的债权凭证,不属于刑法中的违禁品。实物卡被抛弃仍应按实际数额计算,而服务卡被抛弃则不计算数额,可以作为量刑的情节。

The expense card comes into being in the civil field, and its essence is a reflection of the legal relationship of civil rights credentials. The expense card is a certificate oftbe sale and purchase agreement （or acceptable service） which relates to businesses and customers, and it is a prove of general delivery （ or enjoying services） which can be exchanged for after the pre-section of businesses and customers. The expense card has the characteristics of economic value and domination, it is the property of the criminal law. The expense card is a legitimate and effective debt certification, and it does not belong to contraband in criminal law. The material object card still should scheme against according to actual number if being abandoned, but the abandoned service cards does not calculate number, it can be treated as a plot of the measurement of punish.