Type Of Malicious Overdraft Credit Card Fraud

Credit cards as a means of credit payment have become increasingly widely used.As a result, credit card crimes have become gradually upward and crimes areconducted in various ways. The Criminal Law1997expressly stipulates maliciousoverdraft acts as a means of credit card fraud and formally include it in the criminaljustice system. The Interpretation on Lawsuits of Credit Card Crimes issued by theSupreme Court and Supreme Procuratorate in2009(“Interpretation2009”) has furthersupplemented the criminal law system in connection with malicious overdraft acts.However it can be seen that in practice, due to the complexity of malicious overdraftacts, the Chinese judiciary authorities often face difficulties in finding a clear answerin the existing legislation and judicial practice. Therefore, this paper analyzes thesubjective and objective elements of malicious overdraft credit card fraud, and thusproposes a more appropriate legislative suggestion.This paper is divided into four chapters: the first chapter is an overview ofmalicious overdraft credit card fraud, the second chapter analyzes the objectiveelements of malicious overdraft credit card fraud and the third chapter analyzes thesubjective elements of malicious overdraft credit card fraud, the fourth chapter setsout the suggestions concerning legislative orientation and perfection for criminal lawin connection with the malicious overdraft acts.The first chapter introduces the domestic legislation and foreign legislation ofmalicious overdraft act, the legal connotation of malicious overdraft, and alsodescribes the manifestations of malicious overdraft act, including the "micro-paymenttype","cheating credit card type","collusion type" and "teamwork type".The second chapter contains the research and analysis on the main objectiveaspect, i.e.“the cardholder fails to repay for more than3months upon the banksrequest twice for repayment”. And this chapter also analyzes and identifies theoverdraft amount, especially the amount identified for the coexistence of many typesof credit card fraud. The third chapter contains the research and analysis on the main subjectiveaspects, including “the purpose of illegal possession” and “cardholder”. Article6.2.1of Interpretation2009provides that if a cardholder knows no ability to repay, he stilloverdrafts massively, he shall be deemed “with the purpose of illegal possession”. Inmy view, the meaning of "knowingly","repayment ability" and "overdraftsmassively" have to be clearly identified. In addition, in relation to the analysis on the"cardholder", the "cardholder" convicted for the malicious overdraft credit card fraudshould be the legitimate cardholder.The fourth chapter is about the malicious overdraft act’s criminal legislativeorientation and perfection. It includes the malicious overdraft act’s legislative reasons.And on this basis, I concludes that a new accusation “abuse of credit card crime” shallbe added into the current criminal law system.