Research On Legal Problems Of Credit Card

China's credit card industry is a product of reform and opening up. Since 1979, credit card entering the country has been more than the next 30 years, China's credit card market, paradoxically, with the rapid development of irresistible force. However, because of China's credit card mechanism and the establishment of the legal system has lagged far behind, the use of credit cards, operation and management mechanisms have not been fully established, resulting in practice, resulting in a large number of credit card disputes, in particular the two types of malicious overdraft and the fraudulent use of credit cards disputes particularly prominent, giving my credit card and credit card transactions to the development of the order of increasing stability of the risks and security risks. Faced with increasingly prominent credit card disputes, China's urgent need to improve the credit card legislation credit card transactions and the establishment of a sound institutional system.This paper selects a few credit card transactions there is more representative of the legal issues to Civil and Commercial Law Perspective, in-depth analysis of credit card transactions in the legal relationship between the parties on the credit card transactions there is risk of malicious overdraft and with a credit card, analyzed two major risks. Finally, to perfect the legal system of China's banking card put forward some suggestions.This paper is divided into four chapters:"credit card overview", a brief overview of the credit card generation and the development process in China, a brief description of the meaning of credit cards, types and functions. The second chapter "of credit card transactions the parties and their legal relationship", focusing on Civil and Commercial Law from the perspective of credit card issuers, cardholders, merchants and the legal relationship between the basis of the legal relationship between the other participants. The third chapter "of credit card transactions are the main two types.of risk and its associated civil liability", mainly for credit card transactions in the two types of malicious overdrafts and the risk of fraudulent use of credit cards, in-depth analysis of these two types of civil liability for the conduct of the parties.Chapterâ…£, "the legislative status quo of China's credit card and its development", by analyzing the shortcomings of China's credit card legislation and make sound legal system of China's credit card proposal.