Research On Judicial Criteria Of Crime Of Malicious Overdraft Credit Card Fraud

Credit cards have brought great convenience to people's trading activities.At the same time,due to inadequate bank supervision and imperfect legal systems,many civil and criminal issues have arisen during the process of credit card application and use.In 1997,the Criminal Law incorporated the act of damaging state-owned assets during the use of credit cards into the category of criminal offences.Credit cards as economic tools have functions such as payment settlement,currency transfer,and personal consumption.These functions mean a certain amount of property rights.Therefore,the objects that are infringed by this type of crime include the state's management of credit cards and the ownership of public and private property.The author worked in criminal justice practice for many years.He often encountered various types of credit card crimes in his daily work.Although in recent years,China has been cracking down on related credit card crimes,credit card crimes are still rampant and the number of cases is increasing.This phenomenon has also aroused the research interests of the writer's mind,and is also thinking constantly.What part of our criminal justice system has caused a problem,leading to the increasingly serious criminal behavior? According to surveys,at present,the total number of credit card issuance in China is close to 500 million,and the total amount of credit card credit is more than 8 trillion yuan.The losses caused by card issuers due to credit card crimes have also been rising in recent years,and the risk of credit card business is also rising..In view of the fact that credit cards have become a non-cash trading tool generally accepted by the international community and China's society,China's credit card crimes have caused serious problems,resulting in major losses to the socio-economic and financial institutions.Cardholders' confidence has shaken and everyone's self-safety situation has deteriorated.Deeply feel that it is necessary to continue the personal understanding of credit card crimes in practice in the past,and further explore the judicial practice and the theory of criminal law in order to use the research analysis presented in this paper to learn from relevant judicial practices in China.Article 196 of the Criminal Law of China stipulates specific provisions on the crime of fraudulent credit cards.The article defines the crime in terms of time limit,amount,and bank collection.With the development of science and technology and the evolution of new business models,in recent years,China's credit card crimes have continued to change in terms of criminal patterns and criminal tactics.This article uses malicious overdraft methods as the starting point,and focuses on the credit card fraud in such situations.The constitutive elements of the crime,for the subject of the crime,the author believes that appropriate scope should be expanded,so that it can not only ensure that the harmful behavior is reasonably regulated,but also promote the perfection of the criminal law system.The purpose of illegal possession is to constitute an important element of this crime.As a subjective psychological state,its determination is not as easy as the objective aspect.It should be combined with the objective aspects of the behavior and the subjective reasonable presumption.We must not only presume the subjective state on the basis of objective factors and thus fall into the vortex of objective imputation.