Legal subjectivity:
For credit cards: In order to avoid and reduce financial, credit and legal risks, it is recommended: 1. Keep communication channels with banks open; 2. Avoid cashing out and mutual exchanges. Borrowing; 3. Actively and continuously repay according to your own ability (you can repay the principal first). 4. If the bank sues, actively respond to the lawsuit and seek reconciliation. For online loans: According to the provisions of Article 26 of "Fa Interpretation [2015] No. 18", the principal (based on the actual amount received, and should be deducted from the fees paid in the previous period), interest (absolute within 24 years) Protection, relative protection within 36 years) must be repaid. However, payment of illegal interest charges can be refused on the basis of taking into account the principle of good faith. According to Article 31 of "Fa Interpretation [2015] No. 18", the debtor can recover (negotiation, mediation, litigation) the excessive payment. The law is objective:
Article 196 of the "Criminal Law" The crime of credit card fraud falls under any of the following circumstances. If the amount of credit card fraud is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to: A fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other special circumstances If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Whoever uses a forged credit card, or uses a credit card fraudulently obtained with a false identity certificate ; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.