信用卡诈骗罪若干问题研究

信用卡诈骗罪是以信用卡作为犯罪工具的诈骗犯罪。建议该罪亦可由单位构成犯罪主体 ;骗领信用卡人不能成为恶意透支的犯罪主体 ;对使用伪造、作废信用卡、冒用他人信用卡 ,恶意透支行为 ,应区别不同情况分别处理 ;危害信用卡并使用的行为 ,拾得信用卡并使用的行为构成本罪 ;对骗领信用卡并使用的行为、信用卡协议透支的行为 ,应区别不同情形 ,作出相应处罚。

Research on Several Issues of Credit Card Fraud

Credit card fraud is a crime of fraud by taking credit card as a tool. My suggestion is that unit can be a subject of the crime. People who got credit cards fraudulently cannot become the subject of the crime of malicious overdraft. Different punishments shall be given to using mock credit cards, expired credit cards, others' credit cards, or malicious overdraft. The act of violating and using credit cards, and using the credit cards picked up constitute the crime in question. As to the act of taking credit cards fraudulently, and the act of over-drafting the credit card agreement, different punishments shall be made according to different situations.