The Research On Malicious Overdraft Of Credit Card Fraud Crimes

With the development of internal market economy, the credit card business has been developed popularly.But at the meantime , the problems of malicious overdraft of credit card fraud crimes are outstanding day by day. How to attack this crime and to protect normal business becomes an important topic of the theory on criminal law. The whole text falls into four parts:The first part gives an overview of the malicious overdraft of credit card fraud crimes.Overdraft can be divided into gaceful and malicious overdraft; then it discusses the concept of malicious overdraft and produces many kinds of the concrete representations of it; at last it produces regulations about it.The second part analysis the behavior characteristics of the malicious overdraft of credit card fraud crimesfrom four aspects: "cardholders", "illegal possession for the purpose", "exceeding the prescribed amout limits or exceeding the prescribed time limits" and "after the collection of card-issuing bank, don't return the money".The third part analysis the judicial determinations of the malicious overdraft of credit card fraud crimes from two aspects:"the determination of the amout " and "disclaimer".The last part is about the legislative perfections of the malicious overdraft of credit card fraud crimes.I believe that "exceeding the prescribed amout limits" isn't the necessary condition, the malicious overdraft of credit card fraud crimes should be a separate offense and units should be the body of the malicious overdraft of credit card fraud crimes.