According to the general principles of civil law and contract law, banks and cardholders are equal civil subjects. The individual established a contractual relationship with the bank by applying for a credit card. If the cardholder fails to repay the overdraft within the time limit, he shall be liable for breach of contract. Therefore, after the cardholder overdraws, he should repay as soon as possible after the bank collection, otherwise there will be additional expenses such as late payment fees and penalty interest due to the delay in repayment. Secondly, overdue credit card overdrafts may also bear criminal responsibility. According to Article 196 of China's Criminal Law and relevant judicial interpretations, if a credit card holder 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, it is a malicious overdraft. If the amount is more than 5000 yuan, it constitutes the crime of credit card fraud.
2. The CBRC has made it clear that people who have temporarily lost their source of livelihood due to the epidemic should be appropriately inclined in the credit policy, flexibly adjust the repayment arrangements of personal credit such as housing mortgage and credit card, and reasonably postpone the repayment period. The People's Bank of China and other five departments jointly issued a notice, clarifying that financial institutions should appropriately tilt their credit policies, flexibly adjust personal credit repayment arrangements such as housing mortgages and credit cards, and reasonably delay the repayment period for those who are hospitalized or isolated due to COVID-19 infection, those who need to be isolated due to the epidemic, those who participate in epidemic prevention and control, and those who temporarily lose their income sources due to the epidemic. Personal business guarantee loans infected with new pneumonia can be extended for one year.