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How to go through the judicial process of credit card

Legal analysis: Judicial procedures can be divided into ordinary procedures and simplified procedures according to the simplicity and complexity of the case. The ordinary procedures are:

1. Prosecution. It is usually a written complaint with a clear defendant, specific claims, facts and reasons.

2. Acceptance. After review, the court deemed that the legal conditions were met and decided to file the case.

3. Preparation before trial. A summons is served to the defendant, the defendant files a statement of defense, the two parties exchange evidence, and the court allows mediation on its own.

4. Court session. Trial preparation, court investigation, court debate, review and sentencing.

Summary procedure is an independent first-instance procedure that is applicable to basic people's courts and their dispatched courts when hearing simple civil cases. Summary procedures are only applicable to simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the disputes are not major. The simplified prosecution method, the procedure for accepting cases, and the method of summons are simple. The trial is carried out by a single-person system and the procedures are simple. When a court hears a case using simplified procedures, it shall conclude the case within three months from the date of filing the case. Summary procedure refers to an applicable procedure for on-the-spot administrative punishment, so it is also called on-the-spot punishment procedure. On-the-spot punishment is an administrative penalty imposed on the spot by administrative agencies or statutory organizations for administrative violations with clear facts, simple circumstances, and minor consequences.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in any 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 a fine of 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, if the amount is particularly huge or there are other serious circumstances. For other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a counterfeit credit card, or using a (2) Using an expired credit card (3) Pretending to use another person’s credit card (4) Malicious overdraft.