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一、概述随着计算机技术的发展和非现金支付方式在日常生活中的普及,银行卡的滥用行为也以多种方式出现。在我国对于银行卡滥用行为的规制除了传统的盗窃罪、诈骗罪、侵占罪以外,还包括金融诈骗罪中的信用卡诈骗罪以及妨碍金融管理秩序罪中的妨害信用卡管理罪的规定。由于银行卡滥用行为的多样性以及所涉及构成要件的复杂性,在银行卡滥用案件中出现了各种法律解释和适用问题。本文将着重选取在德国发生的、与我国理论实务中讨论较多的问题关系紧密的案件进行整理和介绍。
I. Overview With the development of computer technology and the popularization of non-cash payment methods in daily life, the abuse of bank cards also appears in many ways. In our country, the regulation of bank card misuse not only includes the traditional crime of theft, fraud and embezzlement, but also includes the crime of credit card fraud in the crime of financial fraud as well as the crime of impairing the credit card management in the crime of financial management. Due to the diversity of bank card misuse and the complexity of the constituent elements involved, various legal interpretations and application issues have arisen in bank card misuse cases. This article will focus on the selection and selection of cases that have taken place in Germany and are closely related to the issues that are under discussion in our theoretical practice are collated and introduced.