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Malicious overdraft credit card fraud study

Author: JiangQi
Tutor: LiuXianQuan
School: East China University of Political Science
Course: Criminal Law
Keywords: malicious overdraft crimes of fraud on credit cards malicious overdraft credit cards cardholder
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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With the development of socialist market economy, the credit card has came into people’s daily life. Meanwhile, the problem of malicious overdraft crimes of fraud on credit cards has run wild. How to deal with this phenomenon under criminal law and the judicial interpretation makes sense. The whole text is divided into four parts. The first part summarizes malicious overdraft crimes of fraud on credit cards. The second part analyses the object element. The author suggests the object element of malicious overdraft over limit makes no sense; We should not account the compound interest, overdue fine, poundage and interest into the total amount. The third part analyses the subject element. The author suggest people who apply for credit cards with the false identification paper are cardholders. The new judicial interpretation promulgates by the Supreme Judicial Court and the supreme people’s procuratorate contradicts the criminal law. The fourth part discusses the judicial determination and legislative perfection of malicious overdraft crimes of fraud on credit cards.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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