Legal Research About The Malicious Overdraft Crimes Of Fraud On Credit Card

The credit card brings a fast and convenient service for the card holder, extended operating revenue for the special contract seller, for delivered a card line to bring considerable income. As one business of the banks, credit card is playing a decisive role, and 70%-80% of the profit of the banks abroad comes from it. Because of the late beginning, our credit card business level is very low, so its important role has not been to come into view. However, the income accompanies with risk and the credit card is a fast new management business of commercial bank and inevitably exist risk. Among them because of card holder malice overdraw the behavior give hair card the loss for bring in the line is to allow of no to neglect of a part.The introduction of this thesis mainly produces the origin, development and function of the credit cards, and then I draw a conclusion that it is important to study malicious overdraft crimes of fraud on credit card.The first part of this thesis gives an exact definition to the malicious overdraft and analyzes the classification of it. According to conductor's will, overdraft has two styles:graceful overdraft and malicious overdraft. And graceful overdraft and malicious overdraft can also be separated; then produces many kinds of the concrete representations of malicious overdraft, containing "from little to few" malicious overdraft, "receive credit cards swindling" malicious overdraft, "crossing engagement" malicious overdraft and "collusion out and in" malicious overdraft, and so on; at last produces regulations abroad about malicious overdraft, describes its legislation process particularly, and gives a foundation to bring up the legislation suggestion.The second part of the thesis analyzes the constitution of crime concerning malicious overdraft crimes of fraud on credit card from the object of crime, objective aspect of crime, subject of crime and subjective aspect of crime, and it gives us a more distinct knowledge about malicious overdraft crimes of fraud on credit card and provides basis to suppose the malicious overdraft crimes of fraud on credit card.The third part according to better 2009 issued new judicial interpretation for malicious overdraw type credit card fraud crime judicial problem, this paper analyses the type of credit card fraud malicious overdraw collection elements and the practice of the purpose of illegal possession, put forward that the legislative proposals for below made matting.The forth part of the thesis emphasizes the malicious overdraft crimes of fraud on credit card concerning legislation perfection, according to problems of independent crime, crime's determination and subjects of crime of company, enterprise, or institution.If there are any mistakes in this paper, please point them out so that they can be corrected. Thank you!...