Legal subjectivity:

The act of not paying back money owed on a credit card is an overdraft. In criminal law, there are corresponding penalties for malicious overdrafts. According to the provisions on malicious overdraft behavior in the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", its constituent elements are as follows: First, objective conditions: it must have been collected twice by the card-issuing bank, and there has been no collection for more than three months. Return the debt owed. In other words, if the cardholder does not receive relevant notices or documents and fails to return them after a certain period of time, it is not considered a "malicious overdraft". Secondly, the purpose of illegal possession is subjective, which is also a major boundary between “malicious overdraft” and “bona fide overdraft”. The following six situations will be considered as the perpetrator's subjective malice of "illegal possession", such as not returning a large amount of overdraft knowing that it cannot be repaid, wantonly squandering the overdraft without returning it, concealing and changing communication methods after overdraft, and evading the supervision of financial institutions. Collection, etc. Third, the "malicious overdraft" reaches a certain amount. This amount refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card issuing bank. 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 relatively large amount" as stipulated in Article 196 of the Criminal Law; "Huge amount" as stipulated in Article 196 of the Criminal Law; 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". Fourth, according to the criminal policy of balancing leniency with severity, if the amount is between 10,000 yuan and less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If 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.