恶意透支型信用卡诈骗罪相关问题研究

Issues Concerning Credit Card Fraud Through Malicious Overdraw

信用卡诈骗罪逐渐成为高发的金融犯罪。建议根据登记持卡人和实际持卡人不一致的具体情况,确定恶意透支信用卡诈骗罪主体,谨慎推定持卡的人非法占有的目的,区分恶意透支和善意透支,统一对催收要件行为认定和时间计算的认识,完善对恶意透支信用卡诈骗罪的法律规制。

Credit card fraud is increasingly becoming a frequently-committed f inancial crime.This article suggests that the crime subject should be decided based on the specific situation in which the actual cardholder is not the person who makes the registration,the purpose of the cardholder’s illegal possession should be cautiously presumed,overdraw within the agreed limit should be distinguished from malicious overdraw,common understanding of the recognition of dunning element behavior and time calculation should be reached and laws and regulations related to credit card fraud through malicious overdraw should be improved.