Study On Malicious Overdraft Of Fraud On Credit Card

The existence of credit card is in order to provide customers convenient trading service. So it makes modern trading faster and economy developing stably and quickly. Meanwhile, credit card take place of currency to ensure the trade's safety by avoiding the use of a great amount of currency of fake money. 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 start, credit card business level in China is very low; its importance has been ignored. How to attack this kind of crime and to protect normal business becomes an important topic of the theory on criminal law. So it is necessary to make a systemic research on it.This thesis includes three parts.The first part gives general research on malicious overdraft crimes of fraud on credit card. Firstly, it makes comparison on malicious overdraft crimes and other three type of fraud on credit card. Then it analyzes malicious overdraft crimes from the overdraft function of credit card to definite the graceful overdraft and malicious overdraft. Then produces many kinds of the concrete representations of malicious overdraft, containing "from little to few" malicious overdraft, and "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 analyzes the crime constitutions of malicious overdraft crimes of fraud on credit card. Range from the object of crime, objective aspect of crime to subject of crime and subjective aspect of crime. It gives us a more distinct knowledge about malicious overdraft crimes of fraud on credit card and provides stable base to suppose the malicious overdraft crimes of fraud on credit card.The third part talks about the perfection of legislation of malicious overdraft crimes of fraud on credit card, which consist of two questions, that is independence of accusation and whether companies and institutions can be the subjects of malicious overdraft crime. To solve question one, it make a comparison not only between malicious overdraft crime and other types of fraud crimes on credit card but also between malicious overdraft crime and fraud crime. And then it provides an advice of instauration of abuse of credit card crime. As for the second question, after analyzing all theories on this topic, the thesis argues that the companies and other institutions should be the subjects of malicious overdraft crimes of fraud on credit card.