Analysis Of The"Yutonghai Suing Chenghuangmiao Jewelry Center" Case

The case of YuTonghai sued ShangHai ChengHuangmiao jewelry mall is a typical case of credit card disputes. After YuTonghai lost his credit card,because ShangHai ChengHuangmiao jewelry mall didn't fulfill its obligations of examining the credit card,the credit card was used by others. YuTonghai claimed to the jewelry mall but has been refused,later he claimed to the court. According to the credit card application and relevant laws and contracts, court judgmented the plaintiff and the defendant shared responsibilities. According to China's relevant laws and business practices for analysis, this case is probably not inappropriate, However, the bank as an important party in the legal relationship of credit card has been exempted from liability unconditionally.So The court did not sentence the bank to accept the corresponding responsibility. This makes us to ponder our credit card legal systems. With the rapid development of economy, credit cards have become an important way of monetary payment, Widespread use of credit cards brought cardholders great convenience, but also brought huge profits to the bank; However, because credit cards are a new thing in China, the corresponding legal system is imperfect, and the corresponding legal issues are followed.There are many legal relations in credit card transactions, these relations linked to each other in every field; that determines when dealing with credit card dispute these legal relationships can not be completely separated, in upholding the independence of the legal relationship between credit card,we must recognize the connection. Both denied connection and independence are all one-sided.If only the recognition of the independence of the legal relationship between credit cards, although credit cards can give full play to the efficiency of value, but the bank's absolute exemption would make an unfair result of credit card disputes. But the pure theory of connection neglects the specificity in credit card itself,make the particularity of the legal relationship between the credit card the same as ordinary civil law relations, will bring bank a lot of disputes, this is not conducive to the efficiency of the value of credit card to play.Through in-depth analysis of the case, classify credit card legal relationships, Comparison of the theory connection and the independence theory,we find a new way to resolve credit card disputes, this is the compromise theory. the compromise theory deem that the credit card legal relationship are independent of each other under normal circumstances, and contact under certain conditions. In the process of handling credit card disputes, compromise theory maximum protectes the interests of cardholders, merchants and banks, ensures a fair outcome based on the credit card and dosen't make the credit card loss efficiency as a modern means of payment. In this paper,we use theory to analysis the case,and use case to prove theory, fair treatment of the results has been obtained, not loss of efficiency value of the credit card too. This proves that the compromise theory is reasonable.