The Study On The Constitution Of Fraud With Malicious Overdraft Credit Card

Malicious Overdraft credit card fraud is a special kind of credit card fraud, the paper attempts to analyze its constitutive elements of crime as a kind of credit card fraud problems, trying to analyze this type of credit card fraud theory and it's basic theory. By combine the amendments to the Penal Code and latest judicial interpretations of malicious Overdraft elements of the crime of credit card fraud , the paper analyses credit card fraud through the basic theory for the analysis, combined with the type of crime in this special class of the law itself has the characteristics of has now emerged with the various manifestations, in-depth analysis of the behavior of malicious overdraft constitute a crime, and to rise to the basic theory of criminal law theory, the influence and guidance on two aspects of judicial practice analysis.In the analysis process, I will compare the domestic and international legislation, summed up the characteristics of credit card fraud, and fraud analysis of malicious Overdraft embodiment of its characteristics. This paper analyzes the general type of credit card fraud, and makes relevant improvements in the final laws and regulations related to the current proposal in order to better play the deterrent function of criminal law to protect the financial the healthy development of the industry.This article is divided into four parts. The first part focuses on the content of the basic features of credit card fraud and legal nature, the same time, credit card fraud Malicious Overdraft general analysis of the characteristics and classification according to different characteristics, so different from different categories of legal analysis. The second part will be both the subject and the subjective type of crime constitutes a malicious overdraft credit card fraud analysis, focusing on the subjective side view of the analysis, analysis of malicious overdraft in the specific meaning of judicial practice. The third part mainly from the object and objective aspects of malicious Overdraft constitute the crime of credit card fraud analysis, the focus is based on the latest judicial interpretation to define the amount of between civil law and criminal law. The fourth part article from the current judicial practice of malicious Overdraft Credit Card Fraud and analysis of the problems and puts forward relevant measures, improve the special type of credit card fraud, adapt to new economic direction of development of crime and trends.