论信用证诈骗罪的主要客体

On Primary Object of Crime of Fraud on Letter of Credit

对信用证诈骗罪的客体是复杂客体的两种观点进行评析。一种认为主要客体是信用证管理制度,理由是金融秩序是整个经济秩序的核心。另一种观点对信用证管理制度说提出批评,并认为主要客体应该是公私财产所有权。刑法理论中的主要客体认定标准是立法者保护的社会关系的侧重点。公私财产所有权说对信用证管理制度说的批评不能成立,其对自身观点的论证也缺乏说服力。因此,信用证管理制度说应当获得肯定。

The two viewpoints on the object of crime of fraud on letter of credit were analyzed. One thinks that the primary object of the crime is regulatory regime of letter of credit, because financial control order is role of whole economic order. The other criticizes the theory of regulatory regime of letter of credit, and thinks the primary object of the crime is ownership of public and private property. The criterion of the primary object of the crime is the priority of social relationship being protected by legislative body. The criticism of the theory of ownership of property is inconsistent, and the certification to its viewpoint is lack of persuasive power. Therefore, the theory of regulatory regime of letter of credit should be affirmed.