Type Of Malicious Overdraft Credit Card Crime Of Fraud Of Judicial Cognizance Question Research

With the development of social economy, the Internet trading frequency increases, for the use of credit card is more and more frequent, as the credit card financial crime is also constantly increased. Malicious overdraft, more and more become the financial fraud crime is common. Early in our country law does not for credit card legislation related content, until 1995, and after the credit card in my range began to flow, just for the behavior of malicious overdraft. Our country promulgated the decision on punishing crimes destroy the financial order, in this file to specify the credit card crime of fraud. \ "Malicious overdraft\" be generalized to the credit card crime of fraud is after 1997, the supreme people’s court in 2009 for malicious overdraw the thinning of the constitution of crime, the specific mode of malicious overdraft. Although on the whole, for the law of credit card malicious overdraft is more and more comprehensive, but in practice, malicious overdraft of credit card crime means more and more sophisticated and diverse, the circumstances of the crime is more and more complex, so the paper through four parts of content for the malicious overdraft credit card fraud crime in-depth research.The first part, \ "malicious overdraft\" type of credit card crime of fraud of the overview. Malicious overdraft is only one type of credit card crime of fraud, the author thinks that want to further study of credit card malicious overdraft, must carry on the research in the crime of fraud of the credit card, and therefore must be for the concept, the concept of credit card fraud of credit card and credit card crime of fraud crime constitution are studied and expounded, on the basis of the research for the basic concepts and features of malicious overdraft, and for malicious overdraft of credit card crime of fraud of the legislative status quo at home and abroad were reviewed in this paper.The second part, \ "malicious overdraft\" type of credit card crime of fraud of the identified problems. From the legislative level, the first is the objective requirements are not clear, make judicial practice type for malicious overdraft of credit card crime convictions no objective measure; The second is the subjective estimation problems. Finally, for the behavior of the bank has not made specific provision, the blank space makes a lot of bank service system has certain problem, often in order to bring more customers, they will work in the field of credit card the launch of the focus on expanding customer base, there exist certain problems in the process of credit card use, after their after-sales service is difficult to meet the requirements of basic, caused some trouble to the customer.The third part, \ "malicious overdraft\" type of credit card crime of fraud of the cognizance of the related problems. This part mainly is aims at the second part puts forward the problems, on the basis of the two, put forward the corresponding countermeasure, clear \ "malicious overdraft\" model of the crime of fraud of the credit card that every detail, for example, the cardholder’s identifying, for the overdraft amount, etc., put forward a clear and standard to distinguish.