On The Malicious Overdraft Of Credit Card Fraud

Credit card is one of the world’s application range is very big one kind ofadvanced means of payment, the consumer credit settlement tool, also knownas credit card, it refers to banks, financial institutions or franchise company togood credit issued by units and individuals, can be specified at the mall or fielduse and can be found in the issuing bank and affiliates business networkaccess, for the transfer and settlement of a credit certificate and payment tool.In the credit card business is developing rapidly nowadays, credit card crimeincreased, has seriously hindered the healthy development of credit cardmarket. In order to prevent credit card crisis, we should strengthen the creditcard fraud particularly malicious overdraft behavior supervision andpunishment, the credit card malicious overdraft behavior research is the fightagainst the credit card crime it is urgent need to strengthen the safetymanagement, credit card, preventing and combating crime of credit card is alsoimportant realistic significance. So it should be aimed at our country at presentthe malicious overdraft credit card fraud in the major problems existed inpractice, discussion and solution.Credit card fraud is a criminal use of credit card overdraft function forfraud, there are many kinds of malicious overdraft behavior, as the crime ofcredit card fraud in a special way in our country in recent years, the crime ratecontinued to rise, but for the crime of fraud on credit card malicious overdraftbehavior, at present our country’s legislation and judicial process in thepresence of a large number of loopholes, which give criminals the opportunity,so malicious overdraft credit card fraud has become worse, for maliciousoverdraft credit card fraud must be more in-depth study. From June30,1995the Standing Committee of the NPC promulgated" onthe punishment of the crimes of undermining the decision" the fourteenthspecific provision of credit card fraud, to2009in two published" on the handlingof criminal cases of impairing the management of credit cards the specificapplication of law interpretation of several issues", solve a lot of theory andjudicial practice of controversial issues. However, due to the practice ofmalicious overdraft credit card fraud case is complex and diversiform,continued to appear a few new modus operandi and new situation, a lot ofcases is still not to the criminal legislation, the judicial interpretation to find aclear answer, so I think it is necessary to have malicious overdraft credit cardfraud in the judicial and legislative issues of questioning and analysis.The author tries to pass pair of malicious overdraft discusses the problem,from the crime of credit card fraud has legislative purpose and direction, creditcard fraud crime of malicious overdraft behavior as its topic, through maliciousoverdraft credit card fraud itself has the legal characteristics, combined withthe present have various manifestations, in-depth analysis of maliciousoverdraft behavior characteristics, and rise to the theory of judicial practicethat the analysis. Summed up our malicious overdraft forms characteristicsand aimed at these problems to give answers, focuses on the analysis ofmalicious overdraft credit card fraud behavior cognizance, a detailed analysisof its behavior, and finally puts forward some suggestions to perfect relevantlaw laws and regulations, in order to better play the deterrent function ofcriminal law, the protection of financial the healthy development of the industry.This article from the credit card overdraft function is unique, the bona fideand malicious overdraft analysis, defined the two overdraft limits of behaviorstandard. Then, reviewed our country about malicious overdraft credit cardfraud crime criminal legislation, including legislative laws and regulations,administrative and judicial organ judicial interpretation. At the same time alsovisited Europe and the United States related criminal legislation, for the legislative improvement. Then from the" card"" exceeding the prescribed limitor over a defined period of time" overdraft" after the card-issuing bankdemands no return"" for the purpose of illegal possession" crime" to calculatethe amount of" five aspects of malicious overdraft credit card fraud behavioridentification. Then the malicious overdraft credit card fraud existing problemsthe author puts forward some viewpoints and countermeasures.