Legal analysis: it depends on the specific situation. Failure to pay back the credit card debt at maturity generally constitutes a breach of contract, and the debtor should bear the corresponding liability for breach of contract. However, if the credit card is maliciously overdrawn for more than RMB 1 10,000, and the cardholder fails to return it for more than 3 months for the purpose of illegal possession, he shall be investigated for criminal responsibility for the crime of credit card fraud.

Legal basis:

Article 186 of the Civil Code of People's Republic of China (PRC) stipulates that if one party violates the contract and damages the other party's personal rights and property rights, the injured party has the right to choose to ask him to bear the liability for breach of contract or tort.

Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate.

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.