Does the inability to repay an overdraft due to objective reasons still constitute a crime?
I. Formulation of the problem.
In recent years, with the popularity of credit cards, overdraft consumption has become a common phenomenon. However, when the overdraft is unable to repay due to objective reasons, whether it constitutes a crime has become a matter of great concern. This article will examine this issue from a legal point of view.
2. Legal analysis.
1.The nature of credit card overdrafts.
Credit card overdraft is a type of credit consumption behavior in which the cardholder can spend first within a certain amount and then repay the loan within the specified time. If the cardholder is unable to make timely payments, there will be fees such as interest and late fees.
2.Definition of objective cause of insolvency.
Inability to repay due to objective reasons refers to the inability of the cardholder to repay on time due to objective reasons such as force majeure and unexpected events. For example, the cardholder is unable to repay the loan on time due to the deterioration of the economic situation due to emergencies such as illness and unemployment.
3.Whether it is an offence to be unable to repay after an overdraft.
According to Article 196 of the Criminal Law of the People's Republic of China, the crime of credit card fraud refers to the use of forged credit cards or false identification certificates to fraudulently obtain credit cards for the purpose of illegal possession, or the use of credit cards to maliciously overdraft and obtain a relatively large amount of property. Therefore, if the cardholder is unable to repay the overdraft due to objective reasons, and there is no illegal possession purpose, it does not constitute the crime of credit card fraud.
III. Conclusion. In summary, the inability to repay the overdraft due to objective reasons does not constitute a crime. However, cardholders should actively negotiate repayment plans with banks to avoid incurring more fees such as interest and late fees. At the same time, banks should also conduct a reasonable assessment and collection of cardholders' repayment to avoid excessive pressure on cardholders.