Research On The Crime Of Credit-card Defraud By Malicious Overdraft And It's Judicial Applciation

With the development of economy, credit-card use is greatly increasing .However, thebehavior of malicious overdraft also presents the high-risk trend, which is greatly harming thetrustworthiness of credit card and the financial management order. So malicious overdraft, asone of credit-card defraud, is listed in the criminal law which is blown by the criminal law .In2009,the Supreme People 's Court and the Supreme People 's Procuratorate make the newjudicial interpretations to constitute the crime of credit-card defraud specifically, which isaimed at reducing blow-range. As malicious overdraft is considerably different withtraditional crime of credit-card defraud, after all, the contract relationship is existed betweenthe bank and the cardholder. Considering the behavior of cardholder's not- repayment as acrime, which would not only misunderstand the general public, even the judicial personnelmay also appear differences in practice, then , make them in trouble to deal cases. This paperattempting to the view of the case, with true example of credit-card crime case, the conditionsof malicious overdraft to credit-card crime , the calculation of the amount overdraws , thecalculation of the amount overdraws of many credit-cards ,and living with the traditionalcrime of credit-card defraud ,which hopes to analysis the judicial practice carefully and putforward several legislative proposals about conviction and sentencing of malicious overdraft,and then, blow the crime accurately , maintain financial management order , protect thecardholder's legal rights and interests .