The Research On Malicious Overdraft Behavior Between Criminal And Civil Relations

Before "the purpose of illegal possession" of the "Malicious overdraft" creditcard fraud, the cardholder’s bona fide overdraft and overdraft suspected of civil fraudis the important content of the intersection between the Criminal and Civil act in theMalicious Overdraft Behavior. Through the research on the elements of "Maliciousoverdraft" credit card fraud—the purpose of illegal possession,collection and amount,the thesis is aimed at distinguishing between different types of overdrafts andproviding theoretical basis for the study of the boundaries between the Criminal Lawand Civil act. It helps to deal with different overdrafts, and is of great significance torealize the essence of judicial justice.Based on the relationship between the criminal and civil act in the maliciousoverdraft behavior, the research objects and explores the relationship between threecrime conditions and "Malicious overdraft" credit card fraud. The research is designedto improve the works of "Malicious overdraft" credit card fraud in practice, point outthat the focus of dispute and put forward countermeasures.This thesis uses normativeanalysis, comparative analysis, empirical analysis, legal economic analysis and otherrelated theories and analysis methods and focuses mainly on three special conditionsof "Malicious overdraft" credit card fraud, and influence of other factors.This thesis mainly discusses the following three aspects: The first part discusses the subjective elements of malicious overdraftbehavior--when "the purpose of illegal possession" takes place. It based on the abovediscussion, pointing out that the "purpose of illegal possession" is crucial todistinguish the subjective factors of malicious overdraft behavior, and then turns tothe study of the subjective factors which can distinguish between criminal and civilacts. And eventually it draws to the conclusion of this section: only under certainconditions can the offender’s motivation or subjective ill be regarded as aconsideration in heavy-duty criminals. However, in most cases, they are not decisiveelements in distinguishing between criminal and civil offends. As a crime subjectiveelements, the purposes of illegal possession play an important role in decidingwhether it’s a crime or not.The second part is the objective elements of malicious overdraft behavior, thecardholder refuses to return loans after collection. It includes several objectivecharacteristics and issues relating to the collection such as the number of collection,functions, methods, date, like increase or decrease about overdraft amount in theamount of the bank? The answer is that after the bank overdrafts, the amountincreases, the original collection behavior is invalid and needs new collection. Whenthe amount reduces, the original collection behaves effectively. The main conclusionsof this section are: bank’s collection behavior is the condition of crime and animportant symbol of distinguishing between an overdraft suspected of civil fraud andof this crime;"Plot","consequences" and other objective factors can only distinguishthe accomplished, attempted crimes.The third part thinks that malicious overdraft amount is an important standardthat identifies the relationship between the criminal and civil acts. The cardholder’soverdraft amount between different banks should be accumulated; For two kinds ofdifferent forms of credit card--"malicious overdraft" and "normal overdraft" fraudshould be accumulated, and sentencing grade shall be carefully chosen; Thecardholder’s overdraft amount shall only include the principal. All the interest, latefees and other fees based on the follow-up should not be included. The amount ofoverdraft is one criterion of malicious overdraft behavior standard, but not the sole condition to identify "malicious overdraft" credit card fraud. We must judge generallyand combine all the circumstances.