The Research Of Several Problems Of Maicious Overdraft Of Credit Card Fraud Crimes

With the birth of the credit card since the last century, it is becoming more andmore important in the financial industry.Credit card imported into China in thirtyyears, showing a vigorous development trend, credit card has become the mostpopular way of personal consumption after currency as a financial settlement tool, themalicious overdraft also occupy a dominant position in the crime of credit card fraud.Now with respect to the credit card business legislation is in a constant changingcondition along with actual situation in the process of gradual improvement, but todaybecause malicious overdraft crime legislation are still existing relatively obscureregion, leading to the judicial practice department in recognition of maliciousoverdraft crime will encounter many problems, which will lead to the differentregional of crime and non-crime standard. Therefore, how to correctly understand thelegal meaning of malicious overdraft crime in the judicial practice, is now one of themost important issues. The author tries to introduce some actual cases, combination ofmalicious overdraft crime law to understand some of the problems, and put forwardsome suggestions and analysis. In addition to the full text of the introduction, isdivided into three parts.The first part, from the three aspects, malicious overdraft crime from behavior,the comparison between legislation in China and foreign countries, the common formswere briefly introduced, and malicious overdraft crime in constitutive requirementsand in judicial practice process of the common problems are briefly introduced in thepaper.The second part, mainly malicious overdraft crime in constitutive requirementsmake some analysis. First, the crime of malicious overdraft cardholder should not beconfined to the one who signs the contract with banks, the legitimate cardholder should also contains part of no signing in some conditions. The cardholder who getcredit card through fraud or through lending is not certainly be identified as the mainbody of malicious overdraft crime, it is also divide into certain conditions. Second,the issuing bank should implement effective request of payment since the debt ofcardholder through the bank interest-free period, the interval between two collectiontime of the issuing bank should be limited or not, and collection of behavior does notnecessarily have to include a written collection, any form of reasonable collectionshould be regarded as the effective collection, and the collection should be terminatedto restart in some conditions. Last, the purpose of illegal possession should bedetermined according to the cardholder’s objective behavior to infer the cardholder’ssubjective purpose.The third part, mainly malicious overdraft crime in judicial practice makes someanalysis. The legal meaning of malicious overdraft amount shall be calculatedaccording to the consumption plus withdrawing cash minus repayments, remainingpure principal amount. The cardholder’s partial repayment and last repayment to causethe end of the collection, should be according to the minimum standard amount of thebank agreed. The cardholder has several credit card overdraft, the amount of overdraftshould be accumulated over ten thousand yuan, which achieve the standard ofprosecution of malicious overdraft.