On December 29th, 24, the National People's Congress Standing Committee (NPCSC) made the Interpretation of Credit Card Provisions in the Criminal Law of the People's Republic of China. The interpretation stipulates that the "credit card" as stipulated in the Criminal Law refers to an electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. It can be seen that the intention of the legislature is clear, that is, to further expand and unify the scope of "credit card" in the sense of criminal law through legislative interpretation, that is, electronic payment cards issued by banks or other financial institutions belong to credit cards in the sense of criminal law as long as they have all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. Accordingly, the credit cards in China's Criminal Law should include both credit cards with overdraft function in the international sense and bank debit cards without overdraft function. A malicious overdraft of a credit card does not necessarily constitute a crime. At this time, the issue of sentencing will naturally not be involved. Unless it meets the criteria for conviction and is determined to constitute a crime, then the criminal responsibility of the perpetrator can be investigated according to law. As for the crime of credit card fraud, the credit card here should be interpreted in an expanded way. Like the debit card, although it does not have overdraft function, it also belongs to the credit card here. Legal objectivity:

Article 54 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs

Anyone who commits credit card fraud and is suspected of one of the following circumstances shall file a case for prosecution:

(1) Using forged credit cards, or using credit cards fraudulently obtained with false identification, or using invalid credit cards, or using others falsely.

(2) Malicious overdraft, the amount of which is more than 1, yuan.

The term "malicious overdraft" as mentioned in this article refers to that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being repeatedly urged by the issuing bank.

if the amount of malicious overdraft is more than 1, yuan but less than 1, yuan, all overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal responsibility may not be investigated according to law.