Abstract
Among the credit card fraud crimes stipulated in Article 196 of China's Criminal Law, malicious overdraft of credit card fraud is one of the most common types, and it is crucial to impose severe punishments on the perpetrators to uphold the national financial management order. The promulgation of the relevant judicial interpretations in 2018 provided more detailed provisions on the identification criteria and sentencing for malicious overdraft credit card fraud. However, there is still some controversy surrounding this issue. In order to enhance the punishment of credit card criminal activities, this paper begins by addressing the controversy surrounding the identification of the subject of the crime. It discusses the validity of issues related to the collection of identification and proposes that the identification of malicious overdrawers should be based on the principle of subjective and objective consistency. It suggests using comprehensive evidence from multiple parties to validate the collection. This proposal aims to provide a basis for identifying credit card fraud committed by malicious overdrawers in China's judicial system, thereby safeguarding the stable development of the socialist economic order.
References
He Ronggong. (2020). The Criminal Civil Boundary between the Purpose of Illegal Occupation and Fraud Cases. Chinese Journal of Criminal Law, (03), 21-36. Doi: 10.19430/j.cnki.3891.2020.03.002.
Li Hongyu & Wu Linsheng. (2021). Judicial Determination of Difficulties in the Crime of Malicious Overdraft Credit Card Fraud. Journal of Qiqihar University (Philosophy and Social Sciences Edition), (03), 109-112.
Doi: 10.13971/j.cnki.cn23-1435/c.2021.03.028.
Liu Xianquan. (2017). Principles of Criminal Law for Financial Crimes Shanghai People's Publishing House.
Tian Hongjie. (2018). Empirical analysis of malicious overdraft credit card fraud cases. Journal of Law, (12), 10-18. Doi: 10.16092/j.cnki.1001-618x.2018.12.002.
Wang Guan. (2012). The actual cardholder cannot constitute the crime of malicious overdraft credit card fraud. Legal System and Society, (30), 89+91. Doi: 10.19387/j.cnki.1009-0592.2012.30.045.
Xie Caineng. (2011). How to identify the subject of credit card fraud when the registered cardholder is different from the actual cardholder. People's Procuratorate, (13), 38-40.
Xu Mingxun & Li Peng. (2017). On the Nature of Special Installment Loans in the Crime of Credit Card Fraud: From the Perspective of the Relationship between Criminal Law and Other Departmental Laws. Journal of Beijing United University (Humanities and Social Sciences Edition), (03), 106-111. Doi: 10.16255/j.cnki.11-5117c.2017.0049.
Yang Shihua, Sun Yingchun, & Wang Ping. (2017). Research on the problems and countermeasures in the judicial determination of malicious overdraft credit card fraud cases. Chinese Prosecutors, (24), 8-12.
Zhang Mingkai (2019). Objective Punishment Conditions for Malicious Overdraft Credit Card Fraud: Understanding and Application of Article 196 (2) of the Criminal Law. Modern Law, (02), 147-163.
Zhang Mingkai. (2018). On Cardholders in the Crime of Credit Card Fraud. Politics and Law, (01), 44-58
Doi: 10.15984/j.cnki.1005-9512.2018.01.004.
Zhu Lixin. (2015). Analysis and reconstruction of malicious overdraft behavior in credit card fraud. Chinese Prosecutors, (14), 3-6.
How to cite this paper
A Study on Judicial Determination of Malicious Overdraft of Credit Card Fraud
How to cite this paper: Dongjun Ge. (2024) A Study on Judicial Determination of Malicious Overdraft of Credit Card Fraud. Journal of Humanities, Arts and Social Science, 8(4), 936-939.
DOI: http://dx.doi.org/10.26855/jhass.2024.04.021