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解释刑法条文时必须以保护法益为指导、考虑处罚的必要性。被收藏的银行卡一般都是客观上无法作为支付手段进行使用的银行卡。大量持有这种银行卡,不会危及银行卡的使用秩序,没有侵犯妨害信用卡管理罪的保护法益。同时,银行卡收藏有其正面价值,对其进行刑事处罚的必要性较低。因此,银行卡收藏不属于刑法第一百七十七条之一第一款第二项“非法持有他人信用卡,数量较大”的情形,不构成妨害信用卡管理罪。
When interpreting criminal law provisions, we must take the protection of legal interests as guidance and consider the necessity of punishment. Bank cards that are generally collected are bank cards that are not objectively used as a means of payment. Holding a large number of such bank cards does not endanger the use of bank cards and does not infringe on the law of protection against the crime of impairing credit card management. At the same time, the bank card collection has its positive value, and its criminal punishment is less necessary. Therefore, the bank card collection does not belong to Article 27 of the Criminal Law of the first paragraph of the second paragraph “illegal possession of other people’s credit cards, a larger number of” does not constitute a crime against credit card management.