The Legal Application In Credit Fraud Of Maliciously Overdraft In The Breakthrough Point Of "the Credit Fraud Of Song"

In the view of Song charged with the credit fraud of maliciously overdraft, the article analyzes certain focuses on a bit controversy, elaborates the legislative progression and theoretical debates upon the credit fraud of maliciously overdraft,introduces some definitions in jurisprudence targeted to the crime above and somewhat classified theories, meanwhile, provokes extended thoughts combining these definitions, aiming to principal requirements, subjective requirements, objective requirements and impunity preconditions. Ultimately, legal applicable suggestions are proposed merely for reference of judicial personnel:Firstly,it is the "cardholder" who performs the principal in credit fraud of maliciously overdraft. Strictly speaking, the " cardholder" tends to be the legal one as illustrated formerly, that’s to say, the applicant of the credit card. Secondly, the subjective will of the cardholder should be presumed from several aspects:1.loan usage; 2. repay capacity of the cardholder; 3. whether falsification presenting as applying for a credit card; 4. whether the doer holds a repayment will. Thirdly,messages receiver can exert as the principle of efficacy that banks collect. Whereas, there remains an exception as to who avoids collection intensively, that the principle fails. Form, collection patterns adopted by card-issuing banks vary in the interval, furthermore, the time interval should be available between the second and first-time collection. Fifth,it is unfavorable that the judicial institution make a case or even take some compulsive strategies to the cardholder, without the fact certitude that the three-month time interval exists as far as formerly twice collection. Otherwise the impunity precondition would be put under influences.