信用卡诈骗罪的客观行为研究

Research on the Objective Behavior of Credit Card Fraud Crime

信用卡诈骗是金融诈骗中的高发性犯罪。犯罪行为的专业性又决定其在认定中存在诸多司法难点,非法占有目的需要进行事实推定;信用卡诈骗的行为方式需要进行深度解读;经济纠纷行为与犯罪行为交织,此罪与彼罪的界限模糊,信用卡诈骗过程中往往存在数罪并发的情形。对这些疑难问题的理论研究,有助于科学地指导刑事司法活动。

The credit card fraud conduct is the high incidence of crime in the region of financial fraud. There are many difficulties in the judicial verdict because of its professional behavior. The purpose of illegal possession needs to be presumed by the fact. The behavior of credit card fraud needs depth interpretation. Economic dispute behavior interweave with criminal act frequently. The boundaries between different crimes are obscure. The process of credit card fraud often exists the situation that several crimes happen at the same time. The theoretical study on these difficult problems help us to guide the scientific activity of the crimirtal justice.