Researches On The Legal System Of Consumer Protection For Banking Card Consumers

As a credit voucher and a payment tool, the banking card has the superiority of convenience,safety and efficiency. The banking card can be divided into credit card, stored value card, and debit card. Some familiar using modes of banking card are POS, ATM and so on .The operation of banking card in China has made a great progress in recent years.But the prosperity of the business of card-issuing doesn't necessarily bring the prosperity of the business of banking card.The reason is,for the virtual nature,electronic nature and the short-term time of emergence of the banking card, the rights of banking card consumers are easier to be violated compared with the traditional credit vouchers or payment tools,for example,the format provisions established by the banks make the consumers hard to choose,the banks charge before discussing with the consumers,and the businesses'refusal of the consumers'use of the banking cards. To elimilate all kinds of restrictions and deprivation to the consumers in the banking card transactions, at the same time,because the consumers are in the weak and dominant position in the use of the banking card, we must protect the banking card consumers so as to promote the rapid and healthy development of the banking card business. Because of the special nature of banking card transaction, the specific rights of the consumers are different from the average consumers, including the right to privacy, the right to information, consumer credit rights, the right to equal access to credit, the right to revoke contracts as well as the rights to defence in addition to the general rights.In international banking card consumer protection, there are two basic models: one is to formulate relevant specialized law, represented by the United States; the other is the reliance on commercial practices, represented by the United Kingdom. Because the banking law system of the United States is in the world leading level,its provisions in the fundamental rights and obligations of the parties in the banking card transactions such as the protection of cardholders, the bank's bear of the risks, contractual businessmen's risks of responsibility, etc., also deserve our emulation. In addition, the unreasonable format provisions in the bank card transactions also violated consumers'rights, therefore the regulation of the format provisions constitutes an important means of protection for banking card consumers.Currently the protection for the banking card consumers is not enough in the...