Studies On Several Problems Of Crime Of Malicious Overdraft Credit Card

With the overdrawing function of credit cards being used more and morefrequently in social economic activities，the risks of the credit card business alsobecome higher．Malicious overdrawing of credit cards by cardholders becomes verycommon and severely violates the safety of public and private properties and the orderof financial market.The crime of malicious overdraft credit card is a special case of crime offaund.The current laws and judicial interpretations make more detailed provisions ofIO. To certain extend, it solves the plight of the current judicial practice. However,due to lack of clear legislation about the mode and meaning of DFR， anddetermination the DFR effect, etc, many controversies are issued and it is extremelydifficult to determine the IO in the judicial practice．This article is written based on the judicial practice．Firstly，with the explorationof the legislative intention, the author analyses the essential characteristics of the IO.Secondly，the author summarizes all the Mode of the DFR and demonstrates theidentification of Effect of the DFR. Finally，in order to struggle against serious crimesof malicious overdraft credit card in the economic field, corresponding suggestionsare given to the legislation．...