Research On The Crime Of Malicious Overdraft Credit Card Fraud

In recent years,credit card fraud crime has become increasingly rampant,especially the number of malicious overdraft credit card fraud crime is increasing year by year,seriously breaking the financial order.China's criminal law and judicial interpretation of malicious overdraft credit card fraud detailed provisions.But in the judicial practice,because of the different understanding of the law,there are still a lot of problems resulted in the identification of malicious overdraft of credit card fraud,to discuss these issues will help clarify applicable standards,better play the role of criminal law.In this paper,the subject,subjective and objective aspects of the crime of malicious overdraft credit card fraud,trying to give some suggestions to some problems encountered in the judicial practice.This paper consists of four parts,the specific contents are as follows:The first part is a general overview of the malicious overdraft credit card fraud,mainly expounds the malicious overdraft credit card fraud crime concept,foreign laws,legislative history,China's current law on the provisions of the crime of malicious overdraft,the elements,and to use the criminal law malicious overdraft behavior necessity and the criminal law on the behavior of malicious overdraft limit are discussed.The second part is mainly about the subject of the crime of malicious overdraft credit card fraud,"the cardholder" to discuss the issue of judicial identification.Mainly discussed in the case of the applicant and the credit card separation,the use of the use of credit cards for malicious overdraft on how to identify the problem.In this paper,through the specific analysis of specific issues,in the case of collusion and no collusion in two cases put forward the "cardholder" proposal.The third part is mainly about the malicious overdraft credit card fraud of the subjective elements of "illegal possession for the purpose" to discuss.From the part of judicial cognizance and the purpose of illegal possession is divided and objective subjective deviation of subjective and objective consistent with the principles and provisions of criminal law abuse can lead to expansion of the three point,and three suggestions are clear for the purpose of illegal possession",meaning that the subjective and objective disproof combined complement each other and carefully identified" for the purpose of illegal possession".The fourth part is the objective elements around the malicious overdraft credit card fraud collection not also discussed."The objective elements of collection is not" as malicious overdraft of credit card fraud has some problems in the practical application,this paper from the judicial perspective of the "collection is not" whether it is necessary,the two elements of malicious overdraft way collection dispute,identified two reminders receiving time interval is specified blank problems and solve these problems one by one after the discussion and put forward the corresponding suggestion.Hope that this study can help to identify malicious overdraft behavior.