Research On Malicious Overdraft Credit Card Fraud

This paper mainly studies malicious overdraft credit card fraud.Through the introduction of three typical cases,it leads to the analysis of its legal problems,and then analyzes the criminal constitution and judicial identification of the crime of malicious overdraft credit card fraud.The article believes that the cardholder of malicious overdraft credit card fraud can only be a legitimate cardholder.The bank's collection needs a certain time limit and a grace period.The overdraft person needs to have an illegal possession purpose.Only a few elements are available to determine that it is a credit card fraud.At present,there are some problems in the identification and punishment of malicious overdraft credit card fraud in our country.To solve these problems,In judicial practice,the conviction and punishment of malicious overdraft credit card should be unified to avoid the occurrence of different sentences.At the same time,banks and other financial institutions actively promote various supporting measures to jointly protect the legal regulations of malicious overdraft credit card fraud.we must improve the law.In legislation,we must set up the crime of abuse of credit card and add the civil lawsuit preprocess.