Research Of Criminal Law For Malicious Overdraft

Accompanied by the rapid development of the credit card business, credit cardrisk issues become increasingly prominent, credit card increasing number of illegaland criminal activities. Criminals implementation of malicious overdraft credit cardhas overdraft, a large number of defrauding banks operating funds, not only seriouslydisturbed the normal order of credit card management, but also pose a threat to ourcountry’s financial safety. At the same time, the form of malicious overdraft creditcard fraud crime emerging diverse, complicated, specialized characteristics, whichbrought great difficulties to the judicial practice identified.December16,2009the formal implementation of the Supreme People’s Court,Supreme People’s Procuratorate on handling criminal cases impairing credit cardmanagement specific application Interpretation of Several Issues ", and furtherprovides that the credit card crime sentencing standards, refinement of criminal caseshandled impairing credit card managementa series of problems in the application ofthe law, including the relevant provisions of the malicious overdraft credit card fraud,which specifically includes: specific collection procedures to provide for explicitprovisions on how to identify illegal possession of malicious overdraft, an increase inmaliciousthe standard amount of overdrafts from the criminal point clear thatmalicious criminal amount limited to make a crime of the provisions of the"principal" within the scope of ’before reimbursements interest, the court declaredbefore reimbursements interest rates make a lighter punishment provisions. However,in judicial practice, how to grasp the identified these standards there is still somecontroversy, it is necessary to combine the judicial interpretation of the subject of acrime of malicious overdraft credit card fraud, the subjective element, the objectiveelements of the system of research, to judicial practice identified and grasp of suchcrimes to provide a clearer, more refined, more intuitive legal standards, to effectivelycombat a malicious overdraft criminal behavior, to protect the credit card industrysecurity.This paper has three parts: The first chapter is malicious overdraft credit card fraud Overview, first introduced the basic concepts of malicious overdraftresolve credit card overdrafts and the basic concepts of malicious overdraft, maliciousoverdraft and goodwill overdrafts two levels from the provisions of the Bank CreditCard Management and criminal legal regulation systemthe distinction; Secondly, thespecific manifestations of malicious overdraft, mainly including: the large number ofoverdrafts also type "," cheat to obtain the credit card type "," collusion-type ","favoritism "and" split the east meeting Westthe wall type five forms; Finally citedmalicious overdraft credit card crime, domestic and international law.The second chapter is malicious overdraft credit card fraud constituent elementsresolution to explore the three main elements of the subjective element and theelements of the object.First of all, the subject of malicious overdraft credit card fraudis only with the issuing bank signed a contract the legitimate cardholder; once again,made an in-depth parsing the meaning of "illegal possession for the purpose of"subjective element, pointed out that the subjective "to the illegal possession for thepurpose of "objectively" more than three months after two collections of the issuingbank refuses to repay the "behavior constitutes a necessary element of maliciousoverdraft credit card fraud in parallel to each other and are indispensable, and judicialinterpretation "for the purpose of illegal possession" which cited two cases:"knowingly do not have the ability to repay a large number of overdrafts, can not bereturned and profligate overdraft funds can not be returned" to make standards moreclearly identified; Finally, the main objective elements exceeding the prescribed limitsor deadline, more than three months after the two collections of the issuing bankrefuses to repay the "and overdraft amount identified depth resolution.The third chapter is perfect malicious overdraft credit card fraud legislation, thefirst section is based on the comments of malicious overdraft credit card fraudlegislative reasons, proposed to set up a separate "the crime of abuse of credit cardmalicious overdraft credit card rangeassumptions; Section II analysis of maliciousoverdraft crimes unit of the main theoretical arguments demonstrate the feasibilityand rationality of additional criminal subject of malicious the overdraft credit CardFraud unit.