随着信用卡产业的高速发展,信用卡领域的风险问题日益突出,信用卡诈骗犯罪也日趋增多。我国作为全球新兴的信用卡市场,各种信用卡诈骗犯罪近年来也呈现出快速增长的趋势,严重扰乱了我国的信用卡管理秩序,影响了信用卡产业的良性发展,同时也危害了广大持卡人的财产安全。我国刑法第196条及刑法(修正案五)对信用卡诈骗犯罪做出了相关规定,2009年最高人民法院和最高人民检察院联合出台的《关于妨害信用卡管理刑事案件具体应用法律若干问题的解释》对信用卡诈骗犯罪处罚又做出了进一步的补充修改。但是,随着信用卡诈骗犯罪形式的不断翻新,目前关于信用卡诈骗犯罪的刑法规制,仍然不能满足司法实践的需要。在刑法理论研究领域中仍有诸多争议问题值得关注,有待进一步研究。这也就需要我们在司法实践中对《关于妨害信用卡管理刑事案件具体应用法律若干问题的解释》进行认真解读并具体适用。 With the rapid development of the credit card industry, the risk issue in the credit card market has become increasingly prominent, and the crime of credit card fraud has also been increasing. As a new credit card market in the world, all kinds of credit card fraud in our country have shown a trend of rapid growth in recent years, seriously disturbing the credit card management order of our country, affecting the healthy development of the credit card industry and endangering the majority of cardholder’s property Safety. Article 196 of the Criminal Law of China and the Criminal Law (Amendment 5) make the relevant provisions on the crime of credit card fraud. In 2009, the Supreme People’s Court and the Supreme People’s Procuratorate promulgated the “Interpretation on Several Issues Concerning the Specific Application of Laws to Prevent Credit Card Management Criminal Cases”. Credit card fraud criminal penalties and made further additional changes. However, with the continuous reform of criminal forms of credit card fraud, the current criminal law on credit card fraud still can not meet the needs of judicial practice. There are still many controversial issues in the field of criminal law theoretical research that deserve attention for further study. This also requires that we carefully interpret and apply the “Interpretation on Several Issues Concerning the Specific Application of Laws that Prevent Credit Card Management in Criminal Cases” in judicial practice.