Legal subjectivity:

According to the provisions of the "Criminal Law" and the "Interpretations 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 Obstructing Credit Card Management", if credit If the debt exceeds RMB 10,000 and is not repaid for more than three months after two collections by the card-issuing bank, it is a malicious overdraft and constitutes the crime of credit card fraud. Article 196 Whoever commits the crime of credit card fraud or theft under one of the following circumstances and commits credit card fraud if 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 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 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 fixed-term imprisonment of not less than five years but not more than ten years. 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 forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using a invalid credit card; (3) Fraudulent use of other people’s credit cards; (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. "Interpretations 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 Obstructing the Management of Credit Cards" Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and has been called for collection twice by the card-issuing bank If the money is still not returned more than three months later, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned; (2) Wantlessly squandering overdraft funds that cannot be returned; (3) Escape after overdraft, change contact information, and evade bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdraft funds to conduct Illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all overdrafts and interests are repaid after the public security organ files a case and before the people's court makes a judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Legal objectivity:

Article 676 of the "People's Republic of China and Civil Code" If the borrower fails to return the loan within the agreed time limit, he shall pay overdue interest in accordance with the agreement or relevant national regulations. Article 678 of the "People's Republic of China and Civil Code" The borrower may apply to the lender for an extension before the expiration of the repayment period; if the lender agrees, the extension can be made. Article 667 of the "People's Republic of China and Civil Code" A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.