Research For Credit Card Fraud Crime Of Malicious Overdraft

Since the introduction of China's credit card business, it has been in a state of rapid development. The credit card market growing prosperity go with economic development of China, has made important contributions to change of the concept of consumption, and the improvement of living standards. However, at the same time, malicious Overdraft credit card fraud has become increasingly rampant, as the spread of the potential, and it also has become a hidden danger of developing financial markets. because of China's credit card business the introduction of relatively late, but the development of special fast, the behavior traits of credit card crime of malicious overdraft is relatively lack of studies. Legislator promotes their legislative work by the judicial experience, so they are not very sophisticated grasp nature traits of malicious overdraft behavior. In this paper, the countries has typical legislative research of malicious overdraft is Germany and Japan, comparative study of the legislative and judicial of above countries, that the German legislative model, that is, overdraft malicious acts of the nature of special breach of trust and separate legislate of credit card misuse, China's legislative and judicial should learn from this crime theory.In China, current legislation has been summed up as the malicious overdraft is a special form of fraud crime. In judicial practice, with the improvement of the credit card system, malicious overdraft and other fraud of credit card growing gap between them. Shows that malicious overdraft does not have the nature of fraud. I propose, China's legislation should be in accordance with the German theory of the crime of misuse of credit card to rebuild our credit card crime of malicious overdraft-type, that we must separate legislate the crime of malicious overdraft, and in accordance with acts of malicious overdraft special nature of the theory of breach of trust, re-define the elements behavior of malicious overdraft.