"Malicious Overdraft" Of The Credit Card Fraud Crime For Cognizance Question Research

More and more people begin to use tomorrow’s money to meet the demand of present material with the change of consumption idea,so credit card overdraft becomes their choice to realize it.“Malicious overdraft” is the cardholder for the purpose of illegal possession,implement overdraws that beyond the norm or the time limit,and by the bank collection 2 times still cannot repay the amount after 3 months.The crime elements include overdraft and malicious,so we can from objective and subjective to research presumption “malicious overdraft”.For presumption “malicious overdraft” in crime of credit card fraud refers to three problems.First,there are two opinions about beyond the norm,one is abolish for it can’t be achieved and the other give it a definition that the issuing bank give the holder loan amount of upper limit.Second,there are three viewpoints relate to whether small payment belong to no repay: positive views,negative views and compromise views.Third,there are three different attitudes for the purpose of illegal possession of cognizance basic facts: beyond the norm or the time limit and collection without repay,accord with one of the 6 situations in judicial interpretation,on collection without repay premise,base the 6 situations in judicial interpretation synthetic judgment the question of cognizance the purpose of illegal possession,and permit the disproof from actor.The above points have their own unique values,but some shortages still exist.For presumption “malicious overdraft” refers to overdraft、collection without repay and the purpose of illegal possession problems.After make sure those problems,we turn to carry out systematically analyze presumption “malicious overdraft” in crime of credit card fraud.To be specific,the beyond the norm in technology doesn’t work so proposed to cancel.After the issuing bank collection,card holder return over the amount of minimum payment be not belong to no repay.In collection without repay conditions,accord with the 6 situations in judicial interpretation synthetic judgment cognizance of the purpose of illegal possession,and allow the disproof from card holder.