Research Into The Judicial Determination Of Malicious Overdratf Crimes On Credit Card

Although China’s credit card business started late, but the momentum ofdevelopment is very rapid. In recent years, with the development of commodityeconomy, the use of credit cards is much more common. It not only facilitatespeople’s lives, but also facilitates the business activities of enterprises, and acceleratesthe circulation of commodities, improves the utilization of funds. However, the natureof the credit card with overdraft makes it able to represent certain economic interests,and thus becomes the object for criminals. In addition, the use of credit cards canconsume before payment, which is different from the traditional shopping andspending processes. This using process of the credit card enables cardholders to enjoythe time difference between consumption and payment, which is also an objective tostimulate the credit card crime. In recent years, with the growing popularity of creditcard in the social life, credit card crimes also have continued to increase. It can beexpected that with the further development of credit card business this growth trendwill continue. Because of this, strengthen the management of the credit card itself andreduce the risk of credit card to prevent the occurrence of credit card fraud isnecessary.In this paper the introduction offers a brief description of the extensiveness ofcredit card lawsuit as well as the salience of malicious overdraft crimes on credit card,stress the necessity of discussion and analysis on the controversial issues aboutmalicious overdraft crimes on credit card in judicial practice, and give arepresentative case in the judicial practice as the core content this paper discusses. Inorder to facilitate the later discussions about the malicious overdraft crimes on creditcard, the first part of this article gives a clear introduction to the origin of credit card and the connotation, denotation as well as the main functions of credit card, thenexplains the general process of the credit card holders using a credit card incombination with diagrams, provides the basis for later discussions about issues ofthe credit card holders overdraft consuming. Through the comparison of definitions ofcredit card in different laws and regulations, we define the credit card we use in thepaper involves quasi-credit cards and credit cards, and does not include debit cards.The second part of the thesis analyzes the constitution of crime concerningmalicious overdraft crimes of fraud on credit card from the object of crime, objectiveaspect of crime, subject of crime and subjective aspect of crime, and it gives us amore distinct knowledge about malicious overdraft crimes of fraud on credit card andprovides basis to suppose the malicious overdraft crimes of fraud on credit card.The third section analyzes and demonstrates the related problems that exist in theactual case, and gives a more detailed, specific discussion on the debate we have inspecific application of the relevant laws and regulations, and mainly discussesproblems in the subject of this crime and subjective aspect of this crime, alsodiscusses some specific issues in the calculation of the amount of crime and so on.The forth part of this article discusses the other two issues exist in the judicialdetermination of the malicious overdraft crimes on credit card, includes the judicialdetermination of the unlawful use of unit card and the rationality of the application ofthe penalty, in addition, we propose the feasibility and necessity of the relevantperfection in legislation.