"Malicious overdraft" has two additional restrictions: one is two collections from the issuing bank; Second, it has not been returned for more than three months. Overdraft for the purpose of illegal possession is not malicious overdraft.

The criteria for judging malicious overdraft of credit cards are the "two highs" judicial interpretations made by Sun Qian, deputy procurator-general of the Supreme People's Procuratorate, at the press conference held by the State Council Office (the State Council Press Office) on the morning of December 15th, 29. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud, and the conditions for "malicious overdraft" to constitute a crime are clearly defined.

Xiong Xuanguo, Vice President of the Supreme People's Court, Sun Qian, Deputy Procurator-General of the Supreme People's Procuratorate, Li Dongrong, Assistant Governor of China People's Bank, and Liu Tinghuan, Chairman of China UnionPay, were invited to introduce the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management and answer reporters' questions. At the press conference, Sun Qian, Deputy Procurator-General of the Supreme People's Procuratorate, said: According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" belongs to credit cards.