Research On Crime Malicious Overdraft Credit Card

In recent years, there are many writings and papers about credit card fraud in ourdomestic academic circles, but not fully analyzing malicious overdraft credit cardcrimes, and it still need to research in depth. In order to make clear the nature ofmalicious overdraft credit card crimes, the dissertation researched such problems asthe conception, type, source of law, established elements, criminal patterns ofmalicious overdraft credit card crimes. The dissertation especially pointed out that thelegal interest damaged by malicious overdraft of credit card crimes is the benefits ofcard issuers’ property ownership. And then, the dissertation made a necessaryforesight for the accusation of malicious overdraft credit card crimes. The dissertationis divided into seven parts, totally more than thirty-five thousand words.The first part is introduction, in which research topic and research direction isgiven.The second part is a summary of malicious overdraft credit card crimes. In thispart, the author briefly discussed the concept and classification of overdraft credit card,and the meaning and type of malicious overdraft credit card crimes are defined.The third part is about the inspection of law sources of malicious overdraft creditcard crimes. In this part, the author made a necessary inspection and sort on thelegislative history of the domestic malicious overdraft credit card crimes, comparedand analyzed extraterritorial legislations, and rethought the incriminate mode ofmalicious overdraft credit card crimes in our country.The fourth part is about the elements of malicious overdraft credit card crimes."Four Elements of Crime" is a kind of effective cognitive model, it is also applied tothe malicious overdraft credit card crimes. This part is to analyze the maliciousoverdraft credit card crimes on the basis of the analysis of three elements of crime.The fifth part is about the criminal pattern of the malicious overdraft credit cardcrimes. About criminal patterns, the author analyzed constitute concurrence of law,aggravated offence, implicated offense, and continuing offence of the cardholderoverdraft credit card maliciously. About the suspended state, the author analyzed accomplished and unaccomplished offence of the malicious overdraft credit cardcrimes. About the complicity form, the treatment measures of internal and externalcollusion crime are proposed as an example.The sixth part is about normative charges of malicious overdraft credit cardcrimes. This part is to analyze the criminal object of malicious overdraft credit cardcrimes and its differences with credit card fraud, etc. The author suggested maliciousoverdraft credit card should be singled out as crime of malicious overdraft credit cardand discussed the position of the new crime in our criminal law system. The authoranswered question about the design of malicious overdraft credit card crimes, too.The seventh part is conclusion. In this part, the author put up a brief summary ofthe research content and admitted the imperfection of the dissertation.