Research On The Protection Of The Credit Card Consumer

Credit card is widely welcomed by the consumer because of its characteristics such as payment and balance, credit consumption, convenience and so on. Because of the defect of the legislation of the credit card and the outer enviroment of the credit card consumption, there are many problems in the credit card trading , while the protection of the credit card consumer is the most serious and solve-neeeding. The protection of credit card consumer is rather important not only to the development of the credit card market but also the development of the whole domestic economic.Setting out from the angle of accelerating the development of credit card, in the basis of the reference of foreign legislation, theories, methods of credit card consumer protection, utilizing the relevant theories of legal, finance, management as well as developing economics, by the ways of theoretic analysis, comparative research, critical research, case analysis research, the author deeply discusses how to improve and perfect the domestic credit card consumer protection emphasize in analyzing and discuss the problems existing in the domestic credit card consumer protecting and its solutions. This thesis is in expectation of making contribution to the theory and practice of the native credit card consumer protecting.This thesis is divided into four parts to analyze , discuss and research as follows: The first part is the legal analysis of the credit card deal, the author mainly introduces the procedure of the credit card business, the litigants in the credit card trade, several theories of the legal character of the credit card business, and focusing on analyzing the legal relationships of the litigants in the credit card trade. The credit card business involves credit card issuing bank, specially engaged business unit, consumer etc. The legal relationships of the litigants in the credit card deal are very complex. Then discuss the legal character of the credit card contract, analyz the obligations of issuing credit card bank and specially engaged commercial unit in the credit contract. All above are as the theoretic of the research of the prtotection of the credit card consumer.In the second part, the author introduces the credit card consumer protecting in the USA. Firstly introduce the survey of the relevant legislation of the USA, focus on introducing the official legislation on the credit card consumer protection, the regulation of the credit card consumer protection in the rule of the credit card organization and the bank convention, then analyze the effect of the America legislation on the credit card consumer protection, so as to be used for the reference of the credit card consumer protection of our country.In the third part, the author introduces the mainly existing problems of the protection of consumer in the native credit card business. Including the defraud using of credit card, analyzing its action and legal liability; the specially engaged units damage the legal rights and interests of credit consumer, the action and the regulations of the issuing banks such as the injust risk sharing, unpresident fee standard so on, high interest of the advace-drawing etc, which damage the rights and interests of credit card consumer, as the basis of the whole research of credit card consumer protection.The forth part is the most important part of this thesis, which is also the creative point. Standing on the basis the actual situation of the credit card market of our country,using the advanced and perfect credit card consumer protecting experience for reference, the author discusses and studies the perfecting of the system of the credit card consumer protection of our country, including perfecting the official legislation, mainly through harnessing the legal justice, such as the risk sharing and liability limitation and information displosure and so on , the humanity design and perfecting of the law and regulations, such as strengthening the protecting of privacy right of the credit card consumer, enhancing the judicaturing and executing of the law , enhancing effect of the profession to the protection of the credit card consumer. The author also tries to imprving the technologic level of the credit card payment network in the aspect of setting a fairly strong credit card consuming network system, the instant paying-forbiden instituation after the credit card lost report and inventing the intelligent credit card, so as to realizing the protecting of the credit card consumer in every aspect and level.