The Identification Of Malicious Overdraft Credit Card Fraud

In recent years,the number of criminal cases of maliciously overdrawn credit card fraud has increased year by year,but there are still many disputes in the judicial practice and academic circles.In order to better apply the provisions of this crime,this article in order to solve the problem of the crime as a breakthrough,on the basis of theory and practice,the main analysis of the following problems.First of all,this paper analyzes the validity of the two times in the judicial practice.In this case,it raises questions about the standard of procedural collection and the standard of the substantive collection,and proves that it is more reasonable and conforms to the intention of the legislation.Secondly,it analysis the predicament of the identification of "illegal possession" in the current judicial interpretation,and clarifies the criteria for its identification at different point of time,and expounds the relationship between the "two collection" and the "illegal possession purpose".Finally,the amount of the malicious overdraft is identified,and it is clear that the amount of the criminal amount of the malicious overdraft only includes the amount of the amount due to the bank which has been repressed and has the purpose of illegal possession.