"Maliciou Overdraft" Type Study On Some Problems Of Credit Card Fraud Crime In Judicial Practice

"Malicious overdraft" type of credit card fraud is one of196th types of China’s criminal law provisions of the second paragraph of the crime of credit card fraud, fraud crime of malicious overdraft credit card crime rate is rising year by year in recent years, in the destruction of the state financial management system at the same time also caused great loss of property to the financial institutions, relevant judicial interpretation although the provisions to do a more detailed, but each judicial practice of malicious overdraft credit card fraud elements in the application of law and fact finding there are a lot of controversy, the need for its research, interpretation of criminal law spirit conforms to the.This paper to our country criminal law and related laws and regulations, judicial interpretation as the basis, using empirical research methods, combined with the author’s working practice, the malicious overdraft of credit card fraud crime and the specific manifestations are discussed in detail, the cognizance of the subject of the crime exists in judicial practice, the dispute problems in crime the recognition of the subjective intent and the effectiveness and the crime of malicious overdraft amount of bank collection methods that is analyzed deeply, and put forward their views, trying to deal with the judicial practice in such cases to play a guiding role. At the end of the article, in view of legislation and judicial practice of China’s status quo suggestions, hoping to improve the conviction standard, the subject of unit crime in the criminal law, the separate charges of malicious overdraft credit card fraud; establish and perfect personal credit system in China, improve the degree of value of citizens in the credit record, system specification for the construction of the bank’s own; also to the judicial practice in such cases for the principle of rationalization proposals, the criminal policy of temper justice with mercy and implement the process of dealing the case, play fighting crime, crime prevention criminal law value, contain such cases of multiple trend, maintain our country’s financial management system, to promote the healthy development of the socialist market economy of our country.