On Malicious Overdraft Credit Card Fraud

The company which specializes in the credit card issued the first credit cards at 1985 year, and fills the gaps in the history of the domestic credit card. Since then, the credit card business of China has developed rapidly. On the one hand, Advanced credit card as a means of payment, consumer credit and payment instruments was widely welcomed by consumers, and the credit card has a very broad market, on the other hand, when credit card which accesses to economic life has brought us convenience, some criminals are taking advantage of the crime loopholes, such as lag management deficiency system, to make the crime. Fraud cases of credit card are increasing year by year, and we must carry out the necessary research.The text is divided into four parts, a total of 32,000 characters.The first part outlines malicious overdraft for the credit card fraud. From the beginning of the development history of the credit card, the author introduces the development of the credit card, the role of credit card and the classification of credit cards. "Malicious overdraft" means that cardholders with illegal possession for the purpose of exceeding the prescribed limits specified period of time or overdraft do not return the money after collection. Malicious overdraft and overdraft in good faith is the essential difference between people with different contents of the subjective will. If we have the purpose of illegal possession, then that is a malicious overdraft, and if we do not have that objective, that is an overdraft in good faith.The second part is divided into malicious overdraft type of credit card fraud characteristics of crimes. From four parts of cardholders, exceeding the prescribed limits specified period of time or overdraft, collection, illegal possession for the purpose, author study the malicious overdraft credit card fraud crime characteristics. Malicious overdraft cardholders include legitimate cardholders and fraudulently obtaining credit card's people. "Exceeding the prescribed limits" refers to more than recipients of credit card and credit card charter clearly stipulated in the agreement overdraft limit. "More than specified period of time" means more than for credit cards and credit card charter clearly stipulated in the agreement to allow overdrafts deadline. "Collection" should be identified as malicious overdraft of the necessary conditions for the credit card crime. "Illegal possession for the purpose" is an independent element of the conviction. Agreement overdraft conduct did not constitute a crime.Part III is the judicial determination of credit card fraud of malicious overdraft. The amounts of malicious overdraft should not include interest rates. Overdrawn credit card agreements conduct did not make a crime. In actual practice, credit card fraud is difficult judicial punishment for attempted guilty. Malicious overdraft common practices in criminal acts are the three major types. Cardholders with special operators collaborating with personnel malicious overdraft, if the cardholder is the culprit, then a malicious type overdraft credit card fraud and special operators if staff are the main culprits, then a job or occupation of corruption crimes.The part IV is Credit card fraud crime legislation. In this part of the opinion of this writer, units should be the main of credit card fraud. The author also believes that the use of credit card fraud crime units similar to the crime should be convicted and punished, but this practice has some defects, should further improve the relevant legislation. I also believe that malicious overdraft type of credit card fraud is not similar to the other three cases, nor does it have the basic characteristics of the crime of fraud. Credit card fraud of malicious overdraft should be a separate crime.