试论持有信用卡行为构成犯罪的几个问题

将持有特定物的行为规定为犯罪,在我国的立法中已为数不少。1997年《刑法》已把伪造信用卡、利用信用卡进行诈骗行为规定为犯罪。2005年2月通过的《刑法修正案(五)》把明知是伪造的信用卡或是伪造的空白信用卡而持有、非法持有他人信用卡的行为规定为犯罪,有其理论上的正当性与现实中的实用性。对持有信用卡行为犯罪的立法依据,犯罪行为,主观心态,犯罪停止状态等一些问题的探讨,有助于信用卡的管理和国民经济的快速流转。

Trying to Discuss Several Issues of Holding Credit Card behavior constitute to criminal

There are a number of examples in the lawmaking of the our country of which designate the behavior of hold the particular thing as the crime. The penal code has already designate the behavior of mading the falsification credit card, carrying on deceiving making use of the credit card as the crime in 1997. Penal code revision bill (five) passed in February 2005 designate the behavior of knowing perfectly well it is counterfeit credit card or counterfeit blank credit card, still holding to, illegally holding the others' credit card as the crime, have it's theoretically proper and function in the actuality. The study and discussion to some problems towards holding credit card behavior crime's lawmaking basis, criminal behavior, subjective mind, stop appearance of crime, and so on, contribute to management to the credit card and national economies' flowing turn quickly.