1. One article is added after Article 177 of the Criminal Law as one of Article 177: "Whoever impairs the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:

"(1) Holding and transporting a forged credit card knowingly, or holding and transporting a large number of forged blank credit cards knowingly;

"(two) illegal possession of other people's credit cards, a large number;

"(3) using false identification to defraud a credit card;

"(4) selling, buying or providing others with forged credit cards or obtaining credit cards by fraudulent means.

"Whoever steals, buys or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.

"Any staff member of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment."

(A) the concept of the crime of obstructing credit card management

The crime of obstructing credit card management refers to the act of violating national credit card management laws and regulations, obstructing national credit card management activities and undermining credit card management order during the issuance and use of credit cards.

(B) Constitutive characteristics of the crime of obstructing credit card management

1. The object of infringement is the national credit card management system.

2. Objectively speaking, it is an act that hinders credit card management. Specifically, it includes four situations: (1) holding and transporting with knowledge that it is a forged credit card, or holding and transporting with knowledge that it is a forged blank credit card, with a large number; (2) illegally holding a large number of other people's credit cards; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. According to the law, the actor only needs to carry out one of the above acts. Constitute this crime.

3. The subject of crime is the general subject. The unit cannot be the subject of this crime.

4. Subjectively, it is intentional and generally has the purpose of seeking illegal interests.

(3) Determination of the crime of obstructing credit card management

Note that this crime is a selective crime, including not only the choice of nuisance (possession, transportation, sale, purchase, illegal provision, fraud), but also the choice of object (forged credit card, others' credit card). As long as the actor acts on the object, this crime can be established; If the actor commits more than two acts and infringes on two objects, it is still a crime, and the combined punishment for several crimes is not implemented.

(4) Statutory punishment for the crime of obstructing credit card management.

According to Article 1 of the Criminal Law Amendment (V), whoever commits the crime of obstructing the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 654.38 million yuan but not more than 654.38 million yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and fined not less than 20,000 yuan but not more than 200,000 yuan.