信用卡诈骗罪的规范解读

Research to the Law of Credit Card Fraud

信用卡诈骗罪认定中存在着诸多争议和困惑:厘清持卡人的内涵并对其重新分类;盗窃信用卡并使用的行为实质上应认定为信用卡诈骗,故该规定不是注意规定,而是法律拟制;维持法条原状将恶意透支型犯罪作为信用卡诈骗罪定罪量刑仍具有一定的合理性,目前暂无将其单独设罪的必要;基于主观罪过形式及客观特征的考察,可知本罪存在停止形态。

There are a number of confusions and disputes with definitions of Credit Card Fraud. First, the cardholder＇s connota- tion and the classification should be defined and re - classified. Second, in fact, the qualitative of ＂Stealing Credit Card and Using It＂ is a kind of Credit Card Fraud, it is not a provision of attention but a legal fiction. Then, Malicious Overdraft crimes regarded as a kind of Credit Card Fraud still has rationality, so there is no need to let Malicious Overdraft crimes become a new type of crime for the moment. Finally, through the study the subjective and objective characteristics of the Credit Card Fraud, conclusion is drawn that criminal cessation pattern can be existed in this crime.