Credit Card Fraud Of "malicious Overdraft" Judicial Determination Of Difficult Problems

Credit card business in our country exists late, but develops very fast, thus credit card fraud has become a striking social phenomenon. Juridical practice has many difficulties for credit card fraud, especially for "malicious overdraft" with growing fraud of the credit card in recent years. It has great controversy over how to resolve it. In this paper, based on theory of criminal law, judicial cognizance of "malicious overdraft" is studied, in order to solve the confusion of judicial practice in our country at present. First, this paper identify the characteristics of "malicious overdraft" behavior in our country credit card fraud in theory; Second, combining theory with practice, this paper discuss the difficult identification problem of "malicious overdraft" in judicial practice; Finally, this paper propose the solution for "malicious overdraft" judicial practice recognition in our country, and perfect legislative suggestions of the credit card fraud "malicious overdraft" learning from foreign experience.