| With the rapid development of credit card business in our country,credit card fraud crime in particular type of malicious overdraft credit card fraud crime is rising rapidly and high-risk situation,and form a complete set of credit management system construction is relatively weak.In this paper,based on the research of the type of malicious overdraft credit card fraud,to explore the essence of the crime of fraud of the credit card,correctly understand the criminal legislation of crime of fraud of the credit card,trying to solve problems in the judicial practice.At the same time,through to the various noun concept set and the study of all kinds of standard,in order to further improve the type of malicious overdraft of credit card crime of fraud of the criminal law and regulations,determine the standard criterions for the conviction of science.This article selects the malicious overdraft the behavior carried on the thorough research and discussion,especially through the summary of the realistic characteristics of the type of malicious overdraft credit card fraud in China,to question the crux,and analysis about the constitutive requirements,and refer to foreign malicious overdraft of credit card crime legislation pattern,finally,the type of malicious overdraft of credit card crime of fraud in our country criminal law perfect Suggestions are put forward.Type of malicious overdraft of credit card crime of fraud of the legislation must adhere to adhere to the principle of a legally prescribed punishment,to maintain the tolerance of sex in the criminal law.In order to realize the value of the crime of criminal law,and at the same time in order to reflect general prevention function of punishment,the type of malicious overdraft credit card fraud case processing,to adopt "conditional out mechanism",realizing the convicted and punished in the light punishment. |
