Research On The Legal Protection Of Consumer Right In Credit Card

In recent years, our country's credit card industry presented the good situation which developed gradually, and already became the most development potential country of the whole world. But, as a result of credit cards hypothesized and the electron, compares with the traditional credit certificate and the means of payment, credit card's consumer is easier to receive the violation. This article embarks from credit card's development present situation, analysis credit card litigant's legal relationship ,revelate the questions of encroaches upon the consumer rights and interests in credit card service., and unifies the related stipulation about the credit card consumer rights and interests internationally, gives the constructive comment to our country credit card transaction legal regime's consummation, hope to construct a complete right protection system, enables the transaction risk to be under the effective control.This article is composed by the introduction, the main text and the conclusion. The main text divides into five chapters:The first chapter is the credit card outline and litigants' legal relationship. Introduced credit card's development process, from legal angle embarking, located to the credit card litigant, discussed all quarters legal relationship, clear about the cardholder to give the special protection as the consumer.The second chapter is the question in the credit card service encroaches upon the consumer rights and interests. In view of present situation of our country credit card consumer rights protection, separately discuss about the violation to credit card cardholder's right to know, the violation to credit card cardholder's right of privacy, the risk responsibility undertakes after the credit card loses and the credit card cardholder's right of contradict, point out that there are many important rights have not obtained the effective safeguards in right protection system's.The third chapter is the evaluation of the domestic and foreign credit card consumer rights and interests protection legislation. Many countries, specially the credit expends quite developed country, value the work of expense legislation, many countries have formulated the special specific law, and take seriously on the consumer rights and interests protection. In this article, through the comparison between our country's legal norm to the consumer rights' and interests' protection with American, British, our country Taiwan area's credit card consumer rights and interests protection mechanism, summary the successful experience from credit card service developed country and local, using for reference to our country credit card consumer rights and interests protection's legislation.The fourth chapter is the development mentality of credit card consumer rights and interests protection legislation in our country. From the questions of violates the consumer rights and interests in our country's credit card service mentioned in the preamble, after unearthing all sorts of flaws in our country credit card legislation, profit successful experience from the developed country and the local, propose that the formulation consumer protection rights and interests legislate specially, enhances the legislative level, establishment legislative idea of consumer protection rights and interests, formulates the national unified credit card service model contract, consummates individual credit legal regime. Hoping to enable the credit card consumer enjoys the legitimate rights and interests truly by this, and having effective relief when the right receives the violation obtains.The fifth chapter is the establishment of credit card consumer rights and interests protection system's in our country. In order to safeguard the consumer rights and interests, we should clear about the rules and regulations on the situation violate the consumer rights and interests in the legislation, establishment perfect consumer rights and interests protection system, to safeguard the consumer's right to know, the right of privacy, the right of contradict, reasonable divides with the risk allocates between the card bank and cardholder's risk responsibility when braves with the risk occurs.