Research On The Legal Problems Of Trade Of Credit Card

The thesis commences from the development situation of credit card in our country and types of domestic credit card disputes, focusing on the opening-out the necessity of perfecting the law system of credit card, the analysis of legal relationship of parties of Credit Card business and risk duty assumption, and, on the foundation of effectively combining the overseas advanced legislative examples and experiences, proposes some constructive suggestions on perfecting the law system of credit card business for the purpose of exerting the function of credit card well, controlling the business risks effectively and taking the supervision to the trade of credit card to the orbit of law.The whole thesis consists of preface, body and conclusion, and the body is divided into four chapters.Chapter 1 introduces credit card's meaning, characteristics and compares it with the bank-card business, the electron bank business and the web bank business. Through analyzing our country's development situation of credit card, domestic credit card disputes and the existing legal problems, the thesis opens out the necessity of perfecting the law system of credit card. At the same time, the penman proposes the point of view, that the law system of credit card includes the law system of trade and the law system of supervision.Chapter 2 mostly analyzes the trade relationship of credit card. At first, it introduces the parties of trade of credit card and pattern of payment through the scheme. Secondly, it lays stress on basic legal relationship analysis of credit card trade and a conclusion is drawn upon that there exist agency for balance, debit and credit for consumption, debit and credit for saving, and security relationship between credit card holder and credit card issuer. There are agency and security for payment relationship between credit card issuer and stores engaged by special arrangement. There is marketing or serving relationship between credit card holder and stores engaged by special arrangement. Then, the penman gathers up the legal relations among some important parties such as the issuer, the holder, the surety, the accepting-bills bank and the affiliated card holder.Chapter 3 introduces separately main risks in the payment pattern of ATM and POS. At the same time, the penman, linking with some cases, aiming at the disputes ofcredit card on embezzlement, Fraud, reporting the loss, overdraft on purpose, does research on risks assumption of the parties of credit card business such as the issuer, the holder, the shores, the surety and other actors.Chapter 4 offers comparison with legislation on credit card between China and America, proposes the deficiencies of domestic nowadays'legislation and set forth a way of thinking in perfecting the legislation on the trade of credit card. Besides that, this chapter also put forward some suggestions on The Coming-on Bank Card Statute of the People's Republic of China and other legislation on this aspect.