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我国刑法上对盗窃信用卡并使用的行为认定为盗窃罪,但其合理性尚存在争议。认定盗窃信用卡并在ATM机上使用的行为不应该一概以盗窃罪定罪,要根据其使用的不同手段具体情况具体分析。对盗窃信用卡后并不需要采取进一步的诈骗手段就可以获取卡上钱款的情形可定盗窃罪,对盗窃信用卡之后还积极通过猜配密码、非法获取、复制密码的手段并据此在ATM机上取款的行为,认定为信用卡诈骗罪更为合理。
China’s criminal law on the theft of credit cards and the use of acts as theft, but its rationality is still controversial. The act of finding a credit card for theft and using it on an ATM machine should not be totally criminalized for theft, but should be analyzed concretely according to different means of its use. After the theft of credit card does not require further fraud means you can get money on the card can be set theft, after the theft of credit cards also actively through the guesswork password, illegal access, copy the password means and accordingly on the ATM machine Withdrawal behavior, identified as credit card fraud more reasonable.