Analysis Of The Legal Nature Of Credit Card Cash Staging Malicious Overdraft

In terms of credit card business,with the continuous development of the society,more and more new types of business have appeared in our life.At the same time,there are some disputes of some legal issues on the edge of the law.In this paper,we will talk about the "cash phasing" product that has been surging in the scale of credit card business in recent years.Whether there is a "malicious overdraft" identified in the criminal law after the payment of the cash installment amount is overdue has great controversy in the judicial practice.Starting from the legal nature of the amount of malicious overdraft and the standard of calculating the amount of crime,this article will analysis some different legal viewpoints based on the judicial practice,and draw the author's conclusion,together with the analysis of the reasons which causes the disputes and some suggestion.The first part is the article elaborates on the background and significance of the topic,and briefly describes the current status of legal provisions on credit cards.There are also many disputes between the commercial banks and the courts due to differences in their positions and perspectives.Based on the legal provisions,it is difficult to conclusive,which also cause great difficulties to judicial practice.Secondly,on the basis of the analysis of the status quo,combining the experiences and cases in the author's judicial practice,the paper focuses on the constituent elements of the malicious overdraft type of credit card crime,and several main disputes on whether the cash instalment should be included in the amount of malicious overdrafts,whether the instalments of the instalments can be included in the amount of crimes,the determination of malicious overdrafts subjective maliciousness.Finally,it analyzes the reasons for the controversy,and puts forward some suggestions from the aspects of legislation perfection,bank standardized management and so on.