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在银行卡业务领域,信用卡的内涵发生了变化,信用卡与借记卡是区别对待的。尽管全国人大常委会的立法解释认为刑法中的信用卡包括借记卡,但是信用卡和借记卡在申领和使用等方面完全不同,相应的管理秩序也应当有区别。从借记卡的管理和使用规范来看,将其归入“金融凭证”似乎更为准确。应当将对信用卡的狭义理解运用到妨害信用卡管理罪和窃取、收买、非法提供信用卡信息罪两个罪名中,同时对信用卡信息应当进行严格地限制解释。
In the field of bank card business, the connotation of credit card has changed, credit card and debit card are treated differently. Although the NPC Standing Committee’s legislative interpretation believes that credit cards in criminal law include debit cards, credit cards and debit cards are completely different in terms of application and use, and the corresponding management order should be different. From the debit card management and use of norms point of view, classified as “financial documents ” seems more accurate. The narrow understanding of credit cards should be applied to both crimes of impairing credit card management, and of stolen, bought, or illegally providing credit card information. At the same time, credit card information should be strictly restricted and explained.