A Study On The Problems Of Judicial Cognizance Of Malicious Overdraft Credit Card Fraud

In recent years,with the "malicious overdraft" credit card fraud crime continues to rise,the punishment and prevention of this type of credit card fraud has gradually been paid attention to by the theory of criminal law and judicial practice.However,due to the complexity and diversity of the crime of malicious overdraft credit card fraud in practice,the current judicial explanation is still insufficient to solve the new situation and new problems in the judicial practice.In addition,in the practical operation process,the operating system and operation mode of various financial institutions are also different,resulting in the difficulty and confusion of obtaining evidence and enforcing the law.Therefore,the further research on the malicious overdraft of credit card is the urgent need to crack down on the real situation involving the crime of credit card.In this paper,the definition of "cardholder" in the crime of malicious overdraft credit card fraud,the determination of "illegal possession",the understanding of "double collection by the issuing bank" and themalicious overdraft crime are found in judicial practice.Some difficult problems such as the calculation of the amount,Combined with typical cases,this paper puts forward the viewpoint of this paper on the basis of deep analysis of the existing theoretical research.