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The Determination of “The Purpose of Illegal Possession” in Malicious Overdraft Type Credit Card Fraud——Taking Avoidance of Bank′s Collection and Evasion Repayment as Example

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DOI: 10.25236/ieesasm.2020.165


Hong Li

Corresponding Author

Hong Li


Among credit card fraud stipulated in Article 196 of the Criminal Law of PRC, "malicious overdraft" is a special type. In judicial practice, it is difficult to determine whether the perpetrator has "the purpose of illegal possession" and "malicious overdraft" by his act of avoid bank’s collection and evading repayment. It is necessary to analyze and study the application of criminal law interpretation principle, to limit the scope of application of the crime, to distinguish the dividing line between crime and civil breach of contract, and to ensure the modesty of criminal law.


Credit card fraud, Malicious overdraft, The purpose of illegal possession