信用卡诈骗罪立法完善问题研究

发布时间：2018-05-19 00:07

本文选题：信用卡诈骗罪 + 司法实践　；参考：《吉林财经大学》2015年硕士论文

【摘要】：虽然信用卡市场在中国起步较晚,但目前的信用卡市场经过快速的发展,以及信用卡给人们带来的便利,去银行申领信用卡的人数日益增多。相伴随的信用卡业务的风险和欺诈,严重影响信用卡的市场管理秩序,给国家和金融机构造成重大损失。1979年刑法并没有参与这一领域,而是在1997年的刑法立法时确立196条信用卡诈骗罪。虽然信用卡诈骗罪已经包含在中国刑法,也有司法解释的相关规定,但随着科技的发展,信用卡犯罪的形式也跟随着变化,有关信用卡犯罪的争议问题也越来越多,给司法实践造成了很多麻烦。信用卡诈骗是一种相对较新类型的金融犯罪,所以我们应该在理解的基础上更加注意隐藏的问题和观点,使立法可以不断发展和完善。我将从信用卡诈骗的概念,结合国内外相关立法和理论,分析不同情况下的信用卡犯罪定性和犯罪数量。时下,各大银行为了提高信用卡的销售量,或者为了迅速占领市场份额,而放宽了信用卡申请的准入门槛,再加上部分犯罪分子的趁虚而入,给信用卡市场造成了诸多麻烦,也对金融秩序产生了不小的破坏。随着我国市场经济的进一步发展,金融业务的不断拓展,有关信用卡诈骗罪也出现了许多新问题。对信用卡诈骗罪具体内涵的把握,罪与非罪的界定,在理论界和司法实务界均存在较多的难点和争议。可以说该罪的确立对惩罚金融领域的信用卡诈骗行为,维护金融秩序发挥了重要的作用。
[Abstract]:Although the credit card market started late in China, with the rapid development of credit card market and the convenience of credit card, the number of people applying for credit card is increasing day by day. The risks and fraud associated with credit card business have seriously affected the market order of credit cards and caused significant losses to the state and financial institutions. The 1979 Criminal Law did not participate in this area. But in 1997 when the criminal law legislation established 196 credit card fraud. Although the crime of credit card fraud has been included in China's criminal law and there are relevant provisions for judicial interpretation, with the development of science and technology, the form of credit card crime is also following the change, and there are more and more disputes about credit card crime. To the judicial practice caused a lot of trouble. Credit card fraud is a relatively new type of financial crime, so we should pay more attention to hidden problems and viewpoints on the basis of understanding, so that legislation can be continuously developed and improved. From the concept of credit card fraud, combined with the relevant legislation and theory at home and abroad, I will analyze the nature and quantity of credit card crime under different circumstances. Nowadays, in order to increase the sales of credit cards, or to quickly occupy market share, the major banks have relaxed the entry threshold for credit card applications, coupled with the false entry of some criminals, which has caused a lot of trouble to the credit card market. Also to the financial order produced not small damage. With the further development of market economy and the expansion of financial business, there are many new problems about the crime of credit card fraud. There are many difficulties and disputes in theory and judicial practice to grasp the specific connotation of the crime of credit card fraud and to define the crime and non-crime. It can be said that the establishment of this crime has played an important role in punishing credit card fraud and maintaining financial order.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.35

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