Research On The Identification Of Illegal Possession Purpose Of Malicious Overdraft Credit Card Fraud Crime

With the booming economy,the use of credit cards is rapidly spreading,the use of credit cards for fraud crimes is also increasing,and the incidence of malicious overdraft credit card fraud is even higher.In view of the abnormally high number of cases,China has successively promulgated a series of legal regulations,which have effectively combated malicious overdrafts,but there has been a phenomenon of excessive judicial application.The crux of the problem is that the identification of illegal possession purpose is not accurate enough,ignoring the independent status of illegal possession purpose,and presuming that collection does not return is subjective malice,without considering whether the cardholder has illegal possession purpose,resulting in a low standard of conviction,making improper criminal law intervention.The paper takes the identification of illegal possession purpose of malicious overdraft credit card fraud as the research content,collects nearly ten years of judgment cases in China Judgment Document Network for empirical analysis,deeply analyzes the problems in the determination of the purpose of unlawful possession and the formulation of targeted recommendations.The body of the article is divided into five parts: the first part is an overview of the offence of malicious overdraft credit card fraud,through an analysis of the relevant concepts,with a view to gaining a preliminary overall understanding of the offence.The second part is an analysis of the current situation of the crime of malicious overdraft credit card fraud,mainly from the legislative and judicial status.Legislation is constantly improving,but it still cannot solve the existing judicial confusion.In judicial practice,the rigor of judgment reasoning is often ignored,the reasoning process is simplified,and the number of cases is abnormally high.The third part is the empirical research,through the analysis of the sample case that the existing problems.The fourth part is to identify the existing problems,mainly including the dispute of knowing no repayment ability,the inaccurate relationship between collection without repayment and purpose of illegal possession,the unclear definition of the generation time of purpose of illegal possession,and the blurring of its independent status.The fifth part is to improve the proposal.In determining the purpose of illegal possession,we should adhere to the principle of unity of subjectivity and objectivity and the principle of modesty of criminal law,comprehensively consider and comprehensively evaluate various identification data,reasonably analyze knowing that there is no repayment ability,accurately grasp the relationship with collection without repayment,clearly define the time of the purpose of illegal possession,and strengthen its independent status.