Legal analysis of credit card-related laws

With regard to the relevant provisions on bank cards, according to Article 196 of the Criminal Law, the crime of credit card++refers to the act of using a credit card to fabricate facts and conceal the truth for the purpose of illegal possession, thus defrauding a large amount of public and private property. Credit card++crime is a kind of++crime, and the relationship between this crime and++crime is between special law and general law. If the perpetrator uses credit card as a criminal tool to carry out++activities, he will be convicted and punished for this crime according to the principle that special law is superior to general law. It refers to the act of using credit cards for++activities for the purpose of illegal possession, in violation of credit card management regulations, to defraud a large amount of property. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft for++activities. Credit card is a criminal tool in this crime, not a criminal object. Therefore, the crime of credit card++is, in short, a++criminal activity carried out by using the credit embodied in the credit card.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China engages in credit card++activities under any of the following circumstances. If the amount is relatively large, it shall be sentenced to+++for not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be+++for more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, the offender shall be sentenced to more than 1 years+++or+++,and shall also be fined more than 5, yuan and less than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

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

(4) malicious overdraft.

the malicious overdraft 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.

++ credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

What are the laws and regulations of credit cards?

The laws and regulations involved in credit cards are as follows: 1. The Criminal Law of the People's Republic of China. 2. Measures for the management of credit card business. 3. Others include the Decision on Punishing Crimes of Disrupting Financial Order, the Interpretation of the Supreme People++and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Disrupting Credit Card Management. Interpretation of the Supreme People++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 Article 1 Measures for the Administration of Credit Card Business Article 3 Measures for the Administration of Credit Card Business Article 22 Laws and Regulations of the People's Republic of China Article 196

In April p>216, the People's Bank of China issued the Notice of the People's Bank of China on Matters Related to Credit Card Business.

The Notice requires that the overdraft interest rate of credit cards should be managed at the upper and lower limits. The upper limit of the overdraft interest rate is five ten thousandths of the daily interest rate, and the lower limit is .7 times of the daily interest rate.

Mainly based on the following considerations: First, the implementation of step-by-step and gradual reform will help card issuers to further accumulate pricing data and experience during the transition period and guide them to improve the credit card interest rate pricing mechanism.

Second, the risk control ability and pricing ability of credit cards of various card issuers are uneven. Guiding the upper and lower interest rates will help to prevent individual card issuers from blindly reducing prices and fighting price wars, which will lead to unfair competition and excessive borrowing by high-risk customers, thus increasing credit risk and causing local market chaos.

Third, under the circumstance that the information disclosure mechanism needs to be strengthened, setting an overdraft interest rate ceiling is conducive to preventing individual card issuers from unreasonably charging excessive interest and protecting the legitimate rights and interests of cardholders.

On May 25th, 221, the Supreme People++promulgated and implemented the Provisions of the Supreme People++on Several Issues Concerning the Trial of Civil++Cases of Bank Cards, which made it clear that the People++supported cardholders to request the issuing bank to return the principal and interest of the stolen deposits or overdrafts and compensate the losses based on the legal relationship between debit card and credit card contracts; At the same time, it does not support the issuing bank to ask the credit card holder to repay the overdraft principal and interest, liquidated damages, etc.

credit limit

credit limit refers to the maximum overdraft limit given to your credit card by the bank when approving your credit card. You can only spend by swiping your card within this limit, and beyond this limit, there will be no++frequent spending by swiping your card. The credit limit is approved by comprehensive evaluation based on the information filled in when you apply for a credit card and the relevant supporting documents provided. The main card and the supplementary card enjoy the same credit limit.

In general, the RMB limit and the US dollar limit of a dual-currency credit card can be converted to each other. For example, your limit is 3, RMB, and when you use the card overseas, your credit limit is equivalent to about 5, US dollars.

The credit limit will be adjusted by the bank on a regular basis, but you can take the initiative to provide relevant financial proof to request the adjustment of the credit limit. In addition, when you need a higher credit line in a certain period of time when traveling abroad or moving to a new house, you can ask for a higher temporary credit line.

laws and regulations related to credit card overdue

The provisions of the new laws and regulations on credit card overdue include: penalty instead of late payment, improvement of sentencing standards, reduction of minimum repayment, setting upper and lower limits of overdraft interest rate, and credit card cash withdrawal included in the minimum repayment amount, etc. Relevant situations caused by credit card overdue should be handled according to the above situations.

1. What are the new regulations on overdue credit cards?

1. liquidated damages replace late payment fees:

after the implementation of the new credit card regulations, late payment fees arising from overdue will be replaced by liquidated damages. Although both charges are charged at 5% of the unpaid part below the minimum repayment amount, the liquidated damages will prevent the occurrence of interest.

2. The sentencing standard of credit card is improved:

If the credit card is overdue, it may be investigated for criminal responsibility, especially if the credit card is maliciously overdrawn, which constitutes a credit card++,then it will be arrested and sent to jail. The new regulations on overdue credit cards will raise this sentencing standard from the previous 1 thousand yuan to 5 thousand yuan.

3. Minimum repayment amount may be lower than 1%:

After the new credit card regulations, the minimum repayment amount of banks may not be 1%, and the specific amount is up to the banks themselves. At present, most banks still set the minimum repayment amount at 1%, some at 5% or even lower.

4. Setting the upper and lower limits of overdraft interest rate:

In the past, credit cards used to bear interest at a daily interest rate of five ten thousandths after the interest-free period, but the new regulations set the upper and lower limits of overdraft interest rate, with the upper limit being five ten thousandths of the daily interest rate and the lower limit being .7 times of the daily interest rate, generally ranging from .35% to .5%.

5. Interest-free period or over 6 days:

In the past, the interest-free period of credit cards was as short as 2 days, and the longest was no more than 56 days. However, after the implementation of the new regulations, the interest-free period of some banks could be as long as 6 days, which is equivalent to two months of free card use, which is a good thing for cardholders.

6. Cash withdrawal by credit card is included in the minimum repayment amount:

In the past, cash withdrawal by credit card was not required to be paid off in one lump sum, but the new regulations stipulate that the cash withdrawal amount in the current month will enter the minimum repayment amount of this month's bill and must be paid off in one lump sum, otherwise it will be overdue. This will increase the repayment pressure of cardholders, so it is still not easy to withdraw cash.

II. Sentencing standard of credit card++

According to Article 196 of the Criminal Law, anyone who engages in credit card++activities under any of the following circumstances, if the amount is relatively large, shall be sentenced to+++for not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be+++for more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, the offender shall be sentenced to more than 1 years+++or+++,and shall also be fined more than 5, yuan and less than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

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

(4) malicious overdraft.

the malicious overdraft 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. ++credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

if a party violates the law due to the overdue credit card, it can be punished according to the above-mentioned procedures, especially for the reasons that need to be identified for the overdue credit card. If there is++behavior, it is obviously necessary to investigate the relevant criminal responsibility, and the specific situation will be judged according to the size of the amount involved.

so much for the introduction of credit card laws and regulations.