Research On The Malicious Overdraft Of Credit Card Fraud Crime

During the period of high-developing social economy,there's been a dramatic shift in the concept and ways of Chinese consumption,and the financial business innovation.Because of convenient and simplified,and many other advantages,Credit card is publicly-accepted.More and more people choose to use credit card as a payment tool.However,the credit system in our country is not perfect,economic development is still in the transition period,under the situation of increasing frequency of credit card fraud crime,especially the malicious overdraft of credit card fraud,has seriously endangered the financial management order.With over 30 years of reform and opening-up,with the gradual establishment of market-oriented economy,the criminal legislation keep up with the banking development,in order to safeguard the financial control order.From not mentioned in the Criminal Law(1979)to simply mentioned in the Criminal Law(1997)and then to prescribed in details in judicial explanation(2009);the cognition of credit card fraud crime gradually deepened from form to substance.But due to the means and ways of credit card fraud crime are complicated,especially the type of malicious overdraft credit card fraud crime,coupled with the getting advanced credit card business,the abilities of judicial personnel are different,cause a number of difficulties and confusions for recognizing the applicable law and asserting the fact of case.In cognizance of the subject,when the registered cardholder is not the actual user,should fully consider whether the user has overdraft authority,if the user is authorized,he should be recognized as the cardholder.The determination of the purpose of illegal possession should be based on many factors such as repayment ability,the use of overdraft,effort to repay the debt,and so on.To avoid the objective imputation.Strictly regulate credit card collection,behavior subject is only issuing bank,the object is only cardholder,exhaust all the way,set reasonable period between the collections.Overdraw amount is the actual amount of illegal possession,not include interest and other charges together,the amount which does not meet the prosecution standard cannot be added up or aggregated in any simple way.By citing examples in the judicial practice,review on academic theories,summarize the viewpoints after sufficient demonstration,in order to provide a reference for practice,make contributions to attack the crime and protect legal interests.