Malicious Overdraft Credit Card Fraud Studies

With the improvement of modern people's requirements for quality of life,credit card overdraft consumption is becoming more common,and the competition between banks and relevant market shares has made overdrafts more serious.In the case that credit card disputes cannot be effectively regulated,malicious overdrafts have played an important role in maintaining credit card management order.Regulating overdrafts with criminal liability will help reduce financial risks in related markets and restore bank property losses.In the process,some problems were also exposed,such as the improper extension of the criminal scope in the determination.Although with the introduction of relevant judicial interpretations,the judicial determination of the crime of malicious overdraft credit card fraud has been greatly improved.But there are still some shortcomings.Insufficient provisions in the legislation have caused many problems in judicial practice.Therefore,it is the purpose of this article to study how to reduce the scope of criminal strikes against overdrafts.This article starts with the current legislation and judicial aspects of the crime of malicious overdraft credit card fraud,sorts out the shortcomings and analyzes them in detail,and finally puts forward feasible measures to improve this type of criminal behavior.The full text is about 30,000 words,except for the introduction and conclusion,it is divided into three parts,as follows:The first part is an overview of malicious overdrafts.By analyzing the status quo of legislation and judicial practice of malicious overdraft in China,we systematically sort out several disputes in understanding and application.From the current status of legislation,it is found that there is a legislative trend of malicious overdrafts.And combined with big data to interpret the current state of justice.The legislative problems are mainly related to: the behavior of malicious overdraft credit card is not clear and the penalty of this crime is unreasonable.The main judicial problems are mainly the problem of malicious overdrafts and intersecting people,the presumption of "for the purpose of illegal possession" in the New Interpretation,and the unclear method of determining the amount when malicious overdrafts coexist with other ordinary credit card fraud crimes.The second part mainly analyzes the reasons of malice overdraft.First of all,the nature of malicious overdraft is not clear;Secondly,the long-standing criminal priority civil mode of treatment;Finally,the concept of light prevention and heavy punishment combined with the above three reasons leads to the high number of malicious overdraft cases in the field of financial fraud.The third part is the improvement of the regulatory path of malicious overdrafts.Legislation should make it clear that the subject of malicious overdrafts is only the cardholder,and the unit can become the subject of this crime.On the other hand,malicious overdrafts were regulated with independent charges,and fines were redesigned.Judicial suggestions mainly include: improving the judicial response to criminal-civilian cross-cutting from the perspectives of regulating the circulation of criminal-civilian cross-cases,strengthening supervision and respecting the parties' independent choice;Correctly understand the status of the system of "collection and non-repayment";discuss the calculation of multi-card overdraft and other types of behaviors of malicious overdraft and credit card fraud by the perpetrators.Fine.