The Discussion Of Decriminalizing The Malicious Overdraft

Type of malicious overdraft credit card fraud is currently one of the commonsocial problems, in recent years this kind of case still shows a tendency of highincidence though it has already been under the criminal law. This phenomenon causedthe author’s reflection, is the credit card malicious overdraft behavior punished bycriminal law correct? Is there no more suitable treatment plan? In this paper, throughthe analysis of malicious overdraft behavior of social harm degree and using thequadratic illegal theory, demonstrates that the malicious overdraft behaviorintervention has advanced criminal law, and the criminal law should not be involvedin the field of malicious overdraft, at the same time the paper points out that usingcriminal law to deal with malicious overdraft problem will also bring great negativeinfluence to the society. The end of the article analyzes the causes of the maliciousoverdraft credit card fraud, and puts forward some solutions concerning the problems,hoping to do a good job of prevention and treatment through perfecting the system atthe source of malicious overdraft behavior.Except the introduction and conclusion, the body is divided into three chapters:The first chapter state the type of malicious overdraft credit card fraud in ourcountry’s basic state, and a detailed list of banks when dealing with such issuesspecific processes, and analyzes on the issue of the bank’s subjective state of mind. Inaddition, the use of a comparative analysis of methods of credit card advances thelegal nature of the views put forward later to provide the appropriate basis. The second chapter focuses on the behavior of malicious overdraft penalintervention rationality. Respectively, from malicious overdraft degree of social harm,crime and criminal law theory of secondary violations cost analysis carried outtheoretical point of view, malicious overdraft obtained with Criminal behavior isirrational this conclusion. Addition to the above, this chapter also pointed out theinvolvement of criminal law will advance the adverse social consequences, intendedto illustrate the type of malicious overdraft credit card fraud decriminalized necessity.The third chapter presents malicious overdraft corresponding control measures.Wish to apply for credit cards through the improvement of the system, create apersonal repayment ability dynamic evaluation mechanisms, the use of mortgages,pledges and guarantees and other security devices as well as improve the "commercialbank credit card business supervision and management measures" to curb theoccurrence of malicious overdraft.