(1) is within the limit stipulated in the credit card articles of association of the issuing bank or authorized by the issuing bank. According to the relevant provisions of the credit card regulations of major domestic commercial banks, according to different types of credit cards, the overdraft limit is generally 1 1,000 yuan, 5,000 yuan and 1 1,000 yuan. The overdraft limit of credit cards issued by commercial banks in China is much lower than that of western developed countries, and the credit function of credit cards is not strong, which is related to the underdeveloped personal credit system in China and is also a last resort for commercial banks to avoid the risk of malicious overdraft.
(2) Return the principal and interest within the specified time. China's commercial banks stipulate that the term of repayment of principal and interest is 1 month. Credit card overdraft in good faith is essentially that the cardholder borrows money from the issuing bank, and the issuing bank provides credit services to the cardholder, which is a legal act and naturally does not constitute a crime.
Malicious overdraft behavior includes two basic behaviors:
First, the overdraft exceeds the prescribed limit, that is, it exceeds the provisions of the credit card charter or the overdraft limit allowed by the issuing bank. Second, the overdraft exceeds the prescribed time limit, that is, the principal and interest are not returned within the prescribed time. Generally speaking, malicious overdraft of credit cards will leave a bad credit record in the issuing bank, which will affect the personal credit of cardholders.
Legal basis: Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, which will take effect on 65438+February 1 day. Among them, the malicious overdraft credit card, the amount of which is more than 50 thousand yuan but less than 500 thousand yuan, will be considered as a "large amount" of malicious overdraft credit card stipulated in the criminal law; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in the criminal law.