Malicious Overdraft Credit Card Fraud Problems

To prevent the new turn financial storm with the credit card crisis in 2009,the plementation of laws for issue and use of the credit card has been taken place in USA. In our country, with rapid development of the bankcard service, the market management environment unceasing change, the problem of credit card risks is day by day prominent, crimies and illegal activities about the credit card increase unceasingly, which has seriously hindered the credit card market development, even also affected the national financial security.In December 2009 the establishment of <>, intends to contain the credit card account executive risk through improving the legislation,Therefore to make full and good use of the legal resources, punish the cheating crimes with credit cards effectively, the author makes a discussion, by overdrawing some practical questions about the credit card cheating crime with the evil intention and the"new explanation"to benefit preventing and resolving this kind of crime.The whole text holds three major parts: The first part analyzes difficult problems of the characteristics of the credit card cheating crime with evil intention ,and discusses about the subjective ,objective characteristics and the disputive questions in the subjective characteristics.In the subjective characteristics, the main discussion is about: the cardholder or the unit deceiving by the real identification, the false property condition; In the objective characteristics is about the reason, the present situation and the judicial limits question of dunning with the evil intention to be overdrawn to the necessary parts of the crime; The subjective characteristics mainly holds the correct understanding and the article analysis about owning with the evil intention, pointed out the subjective and objective must avoid imputing to the question objectively.The second part overdraws the crime amount to the evil intention to recognize the hard problem, like recognized the scope, the interest, overdraw the quota as well as on the one hand pass on the other hand also the case amount to recognize and so on the aspects carry on the discussion.The third part overdraws the practical significance and legal significance if the legal responsibility of credit card cheating crime carries on the discrimination, and questions about needs to grasp the aspect of the legal responsibility elimination ,and which lead to the judicature puzzled questions.The fourth part discusses briefly on the suggestions, to improve further the release and the management of credit card, the system of dunning with credit card, and the establishment of sharing information platform between banks.