Legal analysis: According to the development status and legal environment of my country’s credit cards, there are no more detailed specifications and agreements on “bank collection” in the bank’s credit card articles of association and credit card contracts. In practice, the practices of bank card issuing units of commercial banks are not uniform and complete, which can easily lead to criminals counter-investigation and evading legal prosecution. Currently, ICBC Peony Credit Card overdraft collection methods include telephone collection, door-to-door collection, and written reminder.

Telephone collections, door-to-door collections, and written reminders are all in compliance with legal regulations, but how banks should preserve and collect these evidences is the key to investigating the crime of malicious credit card overdrafts. It is inaccurate for ICBC to use its own computer records to reflect collection after an overdraft exceeds the prescribed period. There is no record or cardholder's signature for the door-to-door reminder, and there is no cardholder's signature for the written delivery. These "collection" efforts can only be in vain and have no significance for use as evidence in criminal proceedings. Of course, it is an objective fact that cardholders intentionally avoid bank collection and leave no trace. Therefore, the author suggests that bank card issuers can use the following methods to prevent and collect evidence against malicious overdrafts: First, call recording. Retrieve the call records between the card issuer and the cardholder and use the audio-visual materials as evidence; the second is postal delivery. According to the provisions of the credit card contract, clarify the address where the cardholder will receive the document and the legal consequences if the address is unclear or cannot be received due to the cardholder's fault; thirdly, if you visit the door to make a complaint, two bank business personnel should invite disinterested witnesses. The bank will make a collection record, which will be confirmed by the cardholder's signature. If the cardholder refuses to sign, it can be certified by the signature of a witness present.

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, the person 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 if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a counterfeit credit card, or Using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.