Credit card overdraft is a very normal kind of criminal act with large proportion in the credit card fraud.The Subjective and objective unification should be the standard to judge weather the cardholders broke the law and more importance should be paid to the Subjective intention to the cardholders,instead of the objective imputation randomly.Besides implementing the Collection obligation and collecting the relevant evidence,the Card issuers should also inform the cardholders the Crime risk in the process of application and using.Through the two ways of notification before Overdrawing credit card and collection after Overdrawn credit card,the mutual interests of the cardholders and the card issuers can be protected for that the crime rate of the fraud of Credit card Malicious overdraft can be reduced.When the cardholders commit different kinds of the credit card fraud and very fraud can constitutes Separate offence,the Crime amounts can be combined.The former three kinds can be combined through Simple superposition as the crime amounts.All the overdraft repaid by cardholders needs to be add to the Circumstances of mitigated punishment,for that it will be good for the Case handling In judicial practice In accordance with the principle of suiting punishment to crime. |