Research On Civil Liability Of Credit Card Transaction

As a popular international payment instrument, the using of credit card has gone through more than20years in China since it firstly issued on June,1985. It is developing rapidly in these years. Compared with rapid development, the credit card-related legislation in China is not advanced enough. A large scale of disputes concerning credit card occur in our daily life. In credit transactions, the legal relationship between the parties are complicated, the legal status of the parties is not clear as well, which made the civil liability between the parties can not be shared reasonably when the disputes occur. The legitimate rights of parties will be damaged and the development of credit card industry will be prevented if the civil liability in credit card transactions can’t be sort out successfully.In the country, there are many articles of credit card liability, but mostly focused on the criminal responsibility of credit card crime instead of its civil liability。There are many reasons to cause this problem. Firstly, our legislation always emphasises on criminal responsibility more than civil liability. The principle law relationships of the parties in a deal of credit card payment are civil law relationships which contain each party’s economic benefits, so it has much practical significance to improve the civil liability system. Secondly, there is an one-sided view that most civil disputes can be resolved through civil remedies. It ignores the particularity of credit card business. The rights and liabilities varied varied with the different contract clause between parties concerned.Based one this, the author makes a research on civil liability configuration between parties in credit card transactions under several circumstances, in which the relationship are rather complex, including the fraudulent use of credit card, report the loss of credit card and the tort of credit card and tries to put forward some concrete suggestions on the legislation as well.The paper is divided into three chapters.In the first chapter, the author introduces the original, definition and function of credit card. And then through making an analysis on how does a deal of credit card payment operates to figure out the role of each party making a solid foundation for the further research about their law relationships.In the second chapter, the author analyzes deeply the transaction flows of credit card and establishes the structural frame of credit card’s law relationship, thereby making a further explore of the three key parties’law relationships. Through the studies of several doctrines on the legal relationship between parties, the author proposed the "unreason principle said" by combing the reality of China’s credit card industry.The third chapter is the most important section of this paper. The author carries out an in-depth study on civil liability configuration between parties in credit card transactions under several circumstances, in which the relationship are rather complex, including the fraudulent use of credit card, overdraft of credit card and report the loss of credit card. By the ways of research, the author put forward some specific legislative proposals.The main innovation of this paper reflected in the following aspects:1. The Choice of the TopicThe author choose the civil liability between parties in the credit card transactions as the topic. Nowadays, parties in credit card transactions disputes more and more upon the problems that how to configurate the civil liability. However, the relevant legislation and study is backward which can not meet the need of reality. Therefore, the author dose research on this topic for the purpose of clearing the parties’civil liability and protecting their legitimate rights which is of great practical significance.2. The Research PerspectiveThe author does research on the parties’civil liability in the credit card transactions impartiality.3. The Innovation of Opinion(1)Based on analysis of some existing doctrines refer to the legal nature of relationship among credit card issuers and card holders, the author affirm the "loan for consumption said" as the most suitable definition for this two parties. And then analyse more deeply to proposes "double complex system said"(2)Based on analysis of some existing doctrines refer to the legal nature of relationship among credit card issuers and merchants, the author proposes "unreason principle said" as a new theory to compensate the shortage of those existing doctrines.(3) The author divides the credit card civil liability in to various types according to different standards.(4) Under the discussion the credit card civil liability, the author proposes that there should be a higher level of law to regulate the obligation of merchants.Generally speaking, the author makes every effort to put forward useful perspectives upon the topic which is researched in this paper.