Judicial Protection On Consumption Rights Of Credit Card Holder

Credit card, as a new mode of payment has been used wildly for its convenience and overdraft. Along with the dramatic expand of credit market, the legislation and the administration of this market are less development, which lead several problems to the use of credit card. Some problems focuses on issuing banks aiming at maximizing profit at the cost of consumer rights, the conflict between two sides have blocked the long-term development of credit card market as well as the whole banking business. How to balance the interest of the two sides has been the key issue which will effect the health development of this market. Basically, special legislation and a completed legal system is very needed for credit market. While, it's impossible to resolve this issue in a very short time, so it's still difficult to protect the rights of card holders.Given its prompt protection of judicature loss-distribution on credit card imposture with the lack of legislation and manargment, this study, from the perspective of micro level, put forward suggestions on customer rights protection by case studies. The objective of the study is to transfer judge's thought on credit card trials from civil law to economic law. With the guidance of which, judges can protect the legal rights of card holders.This thesis is structured by problem introduction, problem analysis, problem solution except foreword and conclusion.The first two chapters introduce the problem on rights protection of card holders. Credit card holder is financial consumer is the precondition of this study. So in this section, after brief introduction about credit card and related laws, we have a discussion on the concrete rights shared by card holders.Chapter III focuses on the current situation of legal protection of card holders in China, which firstly introduces the necessities and importance of legal protection of card holders'rights, and secondly analyzes the current situation on the levels of legislation and supervision. It is easy to observe the impeded progress of legal protection of card holders, which presents far distance from the developed credit markets in the USA as well as in Taiwan.Chapter IV is intended to create a legal protection system for card holders under the idea of economic law jurisdiction, which serves as the solution to the whole thesis, and to provide jurisdiction suggestion toward illegally using another's credit card, which is most popular and also important phenomenon. First of all, it is very important to pay special attention to card holders'protection, under the deficiency of legislation and supervision. Secondly, it is shown by an illegal using case that under the traditional civil law system, it is very difficult for card holders to prove, as a result, the jurisdiction compensation is also difficult to maintain. The case also analyzes judges'attempts to help card holders, as well as the limitations. By introducing the illegally using case happened in Fanyu District, Guangzhou in 2009, the author introduces the breakthrough of legal protection in this field. In the end, the author concludes the final concepts and suggestions that it is necessary to check obligations of parties that involve in credit card business, and to appeal to judges to create a new protection model focusing on obligations under the economic law, in order to put the protection of card holders'rights into practice.