Understanding And Recognition About The Elements Of Malicious Overdraft Credit Card

As on the credit card crime of malicious overdraft type of credit card fraud risedue to the popularity of credit card, and crime means diversity. Different fromtraditional types of credit card fraud, malicious overdraft is credit card fraud is a kindof special criminal type. lthough China’s criminal law and judicial interpretation ofmalicious overdraft has made certain regulations, but in the judicial practice still typeof malicious overdraft of credit card crime concluded that there are larger issues. Inthis paper, combined with the characteristics of this type of crime has and practice inthe typical form of expression, from malicious overdraft of credit card fraud crimeperspective of constitutive requirements analysis, in order to controversial largeraspects of malicious overdraft crimes can have a relatively reasonable solution.There are three sections in this article, the main content is as follows: the firstpart is the type of malicious overdraft credit card crime of fraud of the objectivefactors of constitutive requirements of understanding and recognition; The second partis the type of malicious overdraft credit card crime of fraud of the subjective factors ofconstitutive requirements of understanding and recognition; The third part is the typeof malicious overdraft credit card crime of fraud of the main elements ofunderstanding and recognition.Type in this paper, the first part of malicious overdraft credit card crime of fraudof the understanding and recognition of objective factors of constitutive requirements, firstly analysis the effectiveness of the "collection", time interval, form requirementsand the impact of microfinance reimbursement for collection effectiveness; Secondlyanalyzes the "overdraft" amount of related issues, including the overdraft amount outof interest, many credit card overdraft amount of cumulative, installment should notbe included in the overdraft amount.In this paper, the second part of the subjective element of the crime of fraud ofthe credit card malicious overdraft type understanding and recognition of factors, firstfrom the analysis of "the purpose of illegal possession" and "collection is not"relationship, that "collection is not" only a partial factors determine the "purpose ofillegal possession" but not all; Then combining with the judicial interpretation of that"the purpose of illegal possession" specific provision, that were discussed by the"purpose of illegal possession" controversial in some situations.This article third part type of malicious overdraft credit card crime of fraud of themain elements of understanding and recognition, is divided into "unit can constitutethe main body of malicious overdraft" and "the cardholder’s understanding andrecognition," the former discussion with the unit of malicious overdraft body, therelationship between the latter discussed the issues of the cardholder’s concretedetermination.