Our Malicious Overdraft Of Credit Card Risk Legal Control On

Credit cards are the modern science and technology and market integration of economic activity resulting from the advanced financial instruments, It can be the first of its consumer credit after the loan repayment as well as the functions cycle won the favor of consumers, and getting into every aspect of our daily lives. Credit card malicious overdraft is the basic form of credit card operation, it reflects the bank credit, and its essence is for card-issuing banks to honor cardholders a consumer credit. Credit card overdraft brings high profits for banks, as well as great risk. The risk of credit card malicious overdraft is that cardholders cannot afford to repay credit card debt or are unwilling to repay credit card debt, so that banks could not recover the debt or recover the debt in time and cause the possible loss for banks. In the period of rapid development of credit card, the legal control system of credit card overdraft risk should be established, it is of positive significance for the protection of obligee’s interests and for the promotion of the healthy development of credit card market. In various means of social control, since legal system has the unique social control function, as well as the effective regulation and guarantee of credit, legal system is the best choice for risk control of credit card malicious overdraft. China must establish not only conform to the Chinese legal environment for credit card with the world’s legal system to protect the credit card industry’s healthy development, reduce or control the legal risks of credit card malicious overdraft. This paper plans to discuss the legal control issues of credit card malicious overdraft from the following three parts.The first part is wanted to clear the concept of China’s credit card and the concept of the behavior of malicious overdraft. The second part makes a sound analysis and exposition of the behavior of credit card malicious overdraft,using the cases to discussing. The third part dwell on the deficiencies of legal control system of credit card malicious overdraft risks in our country.