An In-depth Study On Protection Of Credit Cardholder's Rights And Interests From The Legal Perspective

China's credit card business witnesses its rapid and enormous development in most recent years. However, the lack of corresponding legal regulations directly results in the insufficient protection of cardholder's rights and interests with the behaviors of malicious violation appearing in a considerably high frequency. Cardholder's "right to know" is less guaranteed due to the non-transparent information disclosure system. The right of option and privacy are often neglected in practice. The risk-sharing for card-lost and card-stolen is not allocated in a reasonable way as well as the cardholder's right of defense is not properly ensured. With all the aforementioned reasons, the credit card disputes stay as the major focus of the whole society.Therefore, the author of this article proposes to categorize the credit cardholder into the consumer group in a manner of which special dual protection method can be undertaken. The cardholder stands as a consumer in the consumer credit relationship between him or her and the card-issuing bank. Based on the in-depth researches on developed countries' experience, special protections to the cardholder should be granted in the credit card business area, by which the prevention of malicious risk-transferring could be well implemented and guaranteed.After pointing out the limitations of current credit card legislation, the author brings forward the idea of improving the protection of cardholder's rights and interests through incorporating the traditional legal system with successful experiences from other most advanced countries. In order to implement the spirit of protection law, this cardholder protection law should contain certain concrete procedures. These procedures should protect cardholder getting enough information, maintaining the privacy, and choosing service freely. In addition, the law should distribute the loss of fraudulent risk between issuer and cardholder reasonably, endorse the right of deraignment for cardholder.The author tries to makes such attempts as follows:1. Try to classify credit card as a commercial product or service. By regarding the cardholder as a consumer, the author could break through the delimitation of bank law and consumer protection law in order to incorporate them together.2. Try to introduce the production of legal economics. By using the theory of profit-cost, additional analysis could be adapted for the legal issues regarding the protection of cardholder.3. Try to read and collect the first hand case materials and documents relating to the protection of cardholder's rights and interests. By utilizing the historical and comparative analysis, theoretical and practical combination could be fulfilled.