On Fraud Of Malicious Overdraft Of Credit Card

With the globalization of economy, credit cards are widely used. Because credit card in our country has developed for a relatively short time, and the related system construction is not perfect, thus this lead to our credit card crime rising, especially malicious overdraft credit card crime is high. In the author’s view, it is necessary to do further research on such a crime as malicious overdraft of credit card in judicial practice so as to punish it effectively.Combining with the judicial interpretations by the two supreme judicial organs, the author classifies malicious overdraft of credit card into several sorts. The key point in differentiating overdraft in good faith from malicious overdraft is to determine whether the bearer of the credit card has illegal intentions of occupation. Illegal intentions of occupation can be presumed through specific objective circumstances. Compared with traditional credit card frauds, the executor of malicious overdraft can only be the legal bearer and the guarantor cannot be the executor of malicious overdraft.With the popularity of internet there has been no point in determining the essential condition of quota. Not the same with quasi-debit card, debit card has no problem of the furthest deadline. Malicious overdraft frauds of credit card must be on condition that the bearer doesn’t repay the debt after the lending bank twice presses him or her for payment. The executor of malicious overdraft can be pressed for payment not only by means of post.Not repaying should happen after the lending bank presses for payment twice, and the interval should be one month.The amount of malicious overdraft of credit card should not include interest, while it can be cumulated at a certain discount when traditional frauds of credit card and malicious overdraft coexist.