Identification Of "Illegal Possession" In The Crime Of Malicious Overdraft Credit Card Fraud

With respect to the use of credit cards is the earliest country in the world, the United States and other western developed countries, China's credit card system introduced relatively late, the credit card legal regulation is still at the exploratory stage, but with the rapid development of market economy, the credit card market development has gradually entered into a high the speed of development period, affected by the United States and other Western culture, overdraft consumption has increasingly become a kind of consumption mode Chinese, along with the development of the consumption patterns, "card family" or even "card slave" phenomenon has been more and more popular, more and more consumers holding multiple credit cards at the same time. It also caused a part of illegal use of credit card crime, and the number of cases is increasing and the crime rate rising trend. The crime of credit card fraud not only greatly increased China's credit card market business operation risk and increased operating costs of the banking industry and also serious impact on our country's financial management order, resulting in heavy losses of public and private property. In the crime of credit card fraud, malicious overdraft of credit card fraud crime more and in judicial practice recognized the existence of some difficulties, therefore, it is necessary to malicious overdraft credit card fraud "illegal possession" for the purpose of determining the of in-depth study, so that the prevention and deterrence of credit card fraud, as well as the development of the financial market of our country to create a better atmosphere for the operation. In this paper, combined with the relevant provisions of China's law and theory, try to malicious overdraft credit card fraud in the "illegal possession for the purpose" of the judicial identification of the problem of analysis. In China about credit card fraud crime of the earliest start in the 1997 criminal law, as the financial crimes in the "rising star", we need to do is not only to understand the basic content, is thorough marrow should master the hidden problems and solving methods, so as to achieve the dual purpose of financial development and crime prevention.The first part of this article describes the malicious overdraft credit card fraud overview, analysis of the nature of malicious overdraft and the subjective aspects of the problem.The second part is the analysis of the connotation and necessity of the "illegal possession".The third part, on the basis of the previous analysis of the "illegal possession for the purpose" of the standards and the focus of the difficult issues.In the fourth part, of "two collections" and "illegal possession for the purpose of" recognition of the relationship between definition and the "two collections" were introduced.The fifth part, on the basis of the previous text, put forward the "illegal possession for the purpose" that the need to collect relevant evidence.At the end of the article, the full text of the summary.