Legal subjectivity:

According to Article 196 of the "Criminal Law", credit card fraud is a crime and one must bear criminal liability according to law. For credit card fraud, 5,000 yuan is the standard for filing a case. If the bank takes the lawsuit directly to the court, and after the court receives the case and finds that it constitutes a crime, it can transfer the case to the public security organ for investigation and criminal liability. The Public Security Bureau can file a case for investigation. Legal link: Article 196 of the "Criminal Law" stipulates: Whoever commits credit card fraud under one of the following circumstances and the amount is relatively large 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 less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 particularly serious circumstances, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Fraudulently using another person’s credit card; 4) Malicious overdraft. Article 7 of the "Decision of the Standing Committee of the National People's Congress on Punishing Crimes that Disrupt Financial Order". According to Article 14 of the "Decision", the use of credit cards to conduct fraudulent activities, if the amount is relatively large, constitutes the crime of credit card fraud. If an actor commits the acts specified in Items (1), (2), and (3) of Article 14, Paragraph 1, of the Decision, and the amount of fraud is more than 5,000 yuan, it is classified as a "large amount"; the amount of fraud is 50,000 yuan or more. If the amount of fraud is more than 200,000 yuan, it is classified as "huge amount"; if the amount of fraud is more than 200,000 yuan, it is classified as "extremely huge amount." "Malicious overdraft" refers to the cardholder's overdraft amount exceeding the allowed overdraft amount of the credit card for the purpose of illegal possession, or knowing that he is unable to repay, and evades investigation, or the cardholder continues to overdraft within 3 months from the date of receiving the collection notice from the card-issuing bank. The act of not returning. A malicious overdraft of more than 5,000 yuan is classified as a "large amount"; a malicious overdraft of more than 50,000 yuan is classified as a "huge amount"; a malicious overdraft of more than 200,000 yuan is classified as a "particularly huge amount." If the cardholder pays a deposit at the bank, the amount of the malicious overdraft will be calculated based on the amount exceeding the deposit. The above are the legal and objective standards for filing a credit card fraud case:

Article 196 of the "Criminal Law of the People's Republic of China" and one of the following circumstances. If the amount of credit card fraud is relatively large, the person shall be punished. Whoever commits a crime 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a counterfeit credit card, or using a counterfeit credit card; or Using false identity certificates to fraudulently obtain credit cards; (2) Using invalid credit cards; (3) Pretending to use other people’s credit cards; (4) Malicious overdrafts.