The Reflection On The Protection Of Credit Card Holders Under Law

As a convenient tool of payment, credit cards have been changing our habits of consumption. However, during the process of using credit cards, some problems such as unfair terms or inadequate information disclosure are widely existed, which caused damages on cardholders at different levels. In the long run, however, the existence of those problems will also become the handicap for the development of the credit card business. Thus, it is particularly necessary for us to provide cardholders some effective legal protection mechanisms.In the existing legal system, private law has offered the cardholders some ways to protect their rights, such as contract interpretation system, the legal effect of civil conducts and so on. However, for private law is based on the individualism and used it as its methodology and its legal concept. In its field of vision, people are always individual in nature, so it is always difficult for the private law to completely change the abstract equality, and rational intelligence of "the people" image, and of course, the fundamental principle-the freedom of contracts. Under the guidance of such a concept, cardholders can only rely on their own capabilities to against banks and card issuers. This undoubtedly reduced the effectiveness of protection mechanisms of private law.Traditional public law protects the cardholders by supervision and management of the card-issuing bank. When dealing with the damages on cardholders that caused by the card-issuing bank, cardholders are excluded from the subjects of the public law, and are also excluded from the relationship between subjects of the public law and card-issuing bank. The protection of the cardholders is merely the "benefits reflex" on the field of public law. And in addition, some innate lack of protection mechanisms would also affect the effectiveness of public law.Therefore, this article which based on a totally new concept- concept of social law and guided by the collectivism in the methodology, are trying to search a new mechanisms and an amendment for the existing mechanism to protect cardholders.Based on the purpose of the study, this paper firstly expounded the harmful behaviors to the benefits of cardholders, and next analyzed and made a comment on the existing legal system in the cardholder's rights protection mechanisms, and then discussed the changes of protection mechanism of cardholders in the aspects of reflection to the human nature of the cardholders and the specific legal system.