The Research On Malicious Overdraft Of Credit Card Fraud Crimes

Malicious Overdraft(MO) refers to the behaviour of cardholder, who overdraws beyond the norm set or limit time and refuses to return after the issuing bank collection, on the purpose of illegal possession. The paper is concentrated on the study of MO.In order to make the points more clear the paper is divided into3parts.The1st part overviews the basic concepts and properties of credit card and MO. This part is divided into two pieces. One focus on the credit cards’ history, function and how they work. The other express the so far academic arguments around the subject of MO with the major form of MO listed.The2nd part exhibits the Malicious Overdraft Credit Card Fraud Crimes(MOCCFC) legislation at home and abroad. Legislation of this crime in our country mainly has experienced four stages, which attaches great importance of the regulation of CCC. Different countries have various models mainly include the charges for independence classified as fraud and irregularise.The3rd part is the main content of this paper. This part exhibits hot puzzlement about the MOCCFC in the viewpoint of legislation and justice, respectively. On the legislative level, the author summarizes three major problems as follow listed.1The eager need for MO2wether units can be as crime subject3The feasibility of over-quota overdraft problem. At the same time, on the practice of judicial cognizance level is also need to be discussed.’Cardholder’’on the purpose of illegal possession’’overdraws beyond the norm set or limit time’’refuses to return after the issuing bank collection in three months’and the judicial cognizance of crime amount. This part mainly adopt in the form of combination of theory and case analysis in the hope of the clarity of the expression.