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Malicious Overdraft Credit Card Fraud,

Posted on:2008-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2206360215973020Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The credit card brings a fast and convenient service for the card holder, extended operating revenue for the special contract seller, for defivered a card line to bring considerable income. However, the income accompanies with risk and the credit card is a fast new management business of commercial bank and inevitably exist risk. Among them because of card holder malice overdraw the behavior give hair card the loss for bring in the line is to allow of no to neglect of a part.Malice overdraw, mean the card holder takes illegal occupancy as a purpose, exceed rule quota or rule term overdraft, and after deliver card bank urging to accept still don't return of behavior. Expand and deliver the increment of amount of card day by day along with the local credit card business, and the related kit construct of fall behind, cause our country credit card the malice overdraw a crime to hick, so have a necessity to overdraw a crime to carry on the research of system to the malice, this text divide four part carry on treatise:The first part does evil idea overdraft a type credit card to deceive offense to all say, in this part, the writer is from the credit card only have of the overdraft function start and carried on to the good intentions overdraft and the malice overdraft analysis, immediately after looked back our country concerning malice overdraw of the credit card deceived the pertaining to crime lawmaking of offense progress, in the meantime with abroad of the lawmaking present condition compare and investigate two Chinese and Foreign kind the special of the lawmaking mode, for after the text discuss to work well cushion.The second part does evil idea overdraft a type credit card to deceive the composing important item of offense, writer the body, objective aspect, corpus, subjective aspect are to that offense carry on explaining in detail from the guest. Among them at to the comprehension of guest body, to the comprehension of super quota, super term, to the comprehension which urges to accept important item and affirm, to affirm of illegal occupancy purpose, to affirm of corpus scope that etc. put forward own views.The third part does evil idea overdraft a type credit card to deceive offense to affirm a medium difficulty problem, at this part, writer discussed that offense in the realm with non- offense, the offense is few problems, commit crime of not yet finished appearance and constitute together commit crime of situation, try on horizontally to discriminate between other similar of criminal charges and pole but don't constitute criminal situation, and combine a related case to carry on treatise, intention attains to that offense clearer understanding.This text last part is malice overdraft type the credit card deceive offense of the lawmaking be perfect, at this part, the writer emphasizes study unit and should or should not constitute malice overdraft a type the credit card deceive of the corpus be saying to affirmation or not comparison and analytical foundation for certainly saying up get conclusion, think: The unit should constitute the corpus of that offense.
Keywords/Search Tags:credit card, overdraw, good intentions overdraw, malice overdraw, card holder, illegal occupancy purpose, crime quantity
PDF Full Text Request
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