Studies On The Hindrance Credit Card Management Crimes

Hindrance credit card management crime is one kind of new financial crime which "Criminal law Bill for amendment (V)" stipulated, is indicates the knowledge is the forge credit card has, the transportation or knew perfectly well is the forge blank credit card has, transportation quantity big, illegal has other people credit card in a big quantity, sells, purchases for other people provides the forge credit card or deceives by the false identification gets the credit card the behavior. These behaviors, generally speaking all belong to the credit card cheating crime's preparation behavior, should according to the certificate situation as well as this kind of preparation behavior itself social hazardous nature whether had achieved should investigate the legal responsibility the degree decided whether is punished. "Criminal law Bill for amendment (V)" be supposed to prepare processing as the credit card cheating crime the criminality alone to stipulate for the independent implementation behavior, thus realized the result to violate the legislation to violate the legislation to the behavior the transformation.The hindrance credit card management crime main body is the general people, every is 16 year-old to have the legal responsibility ability to be possible for this crime main body. In reality, has the massive units to implement the behavior truly which the hindrance credit card manages, like this crime involves has, the transportation, sells the behavior definitely to be possible to carry on by the unit, the unit implements the hindrance credit card management crime objective existence, also has the substantive social hazardous nature like to the unit not to investigate the legal responsibility, in the legislation has the loophole obviously. The additional unit may display the penalty in the criminal law as the hindrance credit card management crime main body to escort the escort effectively for the market economy the function, the deterrent and the punishment unit implements the behavior which the hindrance credit card manages.The subjective aspect for intentionally, the misfeasance does not construct the crime. In the specific stipulation "knew perfectly well" the essential factor should belong to the legal attention to stipulate, namely the reminder judicature staff pays attention stipulation. Even if the law does not have "to know perfectly well" the stipulation also should act according to the general rule about the intentionally stipulation, the request crime author must know perfectly well the crime constitution intentionally the objective essential factor. But in the law indicated clearly "knew perfectly well" the essential factor also not does not have the significance. It is the legal...