Study On The Crime Of Malicious Overdratf Credit Card Fraud

In 1997,the criminal law officially stipulated "malicious overdraft" as one of the ways of credit card fraud.To further clear the criminal law standard,in 2009 the supreme people's court,the supreme people's procuratorate jointly issued "about the credit CARDS management" the explanation of the concrete application of law in criminal case(hereinafter referred to as the "explanation"),the file for "malicious overdraft" covered content has carried on the elaboration,make the details of that also will be improved.However,our country about "malicious overdraft" type of credit card fraud crime standard defined relatively fuzzy,the law is not clear enough,make "malicious overdraft" type of credit card crime of fraud in the judicial cognizance of some problems and difficulties.Therefore,this paper mainly from the following aspects of "malicious overdraft" credit card fraud crime.First of all,this paper starts from the basic problem of "malicious overdraft" credit card fraud crime,and discusses the meaning and characteristics of "malicious overdraft".For "malicious overdraft" type in the crime of fraud of the credit card hairpin bank collection number and the using of the credit card payments made,and analyzes the could "by the issuer collection is still not return" behavior as necessary for "malicious overdraft" type of credit card crime of fraud;"Malicious overdraft" the characteristics of the main performance is: on the subject qualification card holder has reached the age of 16 one full year of life,must be intentionally subjective and objective aspects of the card issuers collection is still not return behavior;On the basis of the theory of "illegal possession purpose" and "over time limit",it distinguishes between "goodwill overdraft" and "malicious overdraft".Secondly,this article discussed how to correctly define the scope of the "the cardholder" for legal cardholder who actually USES the claimant and the authorization of the claimant can become the subject of crime of fraud of the credit card;How to accurately understand "for the purpose of illegal possession" should not only consider the six legal circumstances prescribed in the "explanation",but alsofully consider the "purpose of illegal possession" deterrent for at the same time to adhere to the principle of consistent subjective and objective;"Malicious overdraft" type of credit card crime of fraud "in excess of the prescribed time limit","beyond the norm set" is not a parallel relationship between the two objective factors,but relations,namely when decided that this crime requires only one kind of objective factors;Generally,the principle of collection collection is to adhere to the principle of "substantial" collection.There are various ways of collection.The time interval between two collection calls should not be too long or too short.Generally,the interval between collection calls should be defined as three weeks.Finally,this paper analyzes the legislative perfection of the current "malicious overdraft" credit card fraud crime,demonstrates the necessity of adding the crime of abusing credit card and designs the law.This paper demonstrates the feasibility of increasing the crime subject of credit card fraud unit and the design of law.In view of the "purpose of illegal possession" of "knowledge" that exist in the judgment standard standard,the standard of "profligacy,and the relationship between the" collection and not also "problem is analyzed and corresponding countermeasures are put forward.