In recent years, there are more and more cases in which credit card arrears are not repaid in time and are still suspected of breaking the law after being collected by banks. "Non-repayment after collection" refers to the "non-repayment behavior of the issuing bank after collection" stipulated in the Criminal Law. The so-called "collection and non-return" actually includes two different behaviors implemented by two subjects, namely, the collection behavior of the bank and the non-return behavior of the cardholder. So, how should we understand the collection? The first is the understanding of "non-repayment": as mentioned above, "non-repayment" in "malicious overdraft" means malicious non-repayment. "Not returning" is not only the objective behavior of the actor, but also the embodiment of subjective malice. In practice, it is completely normal and legal for cardholders to overdraw by credit card. Even if the overdraft has the purpose of illegal possession, it will not cause any loss to the bank, and there is no need to treat it as a crime. If you are convicted only of "malice" when overdrawing, the requirements for credit card holders are too high and the legal risks borne by cardholders are too great, which will certainly inhibit the use of credit cards and is not conducive to the development of bank credit card business. The second is the understanding of "collection". "Collection" is the behavior of banks, and banks are victims of "malicious overdraft". Taking "collection" as an important element of "malicious overdraft" seems to mean that the crime depends on the victim's behavior, not the subjective malignancy and objective harm of the perpetrator, which is probably unreasonable. Therefore, the author believes that malicious overdraft in criminal law can be defined as "the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and refuses to return it". At the same time, in judicial interpretation, "taking without returning" can be regarded as one of the typical forms of "illegal possession" and "refusing to return". This will not deny the meaning of "collection without repayment" in criminal law, but also help to deal with the situation of evading bank collection after overdraft.