Study On The Civil Liability Of Illegal Use Of The Other's Credit Card

With the development of the market economy,the credit card industry developed quickly all around the world.Nevertheless,the current credit card's legal compliance of our country cannot cope with the fast development of credit card industry and such system results in the occurrence of many credit card disputes,which not only impair the ligitimate rights and interests of card holders,but also hamper the stability of our nation's finance orders.The local finance market has been opened to the whole world and we must establish a complete legal compliance system to secure the future development of credet card.The current civil responsibility-sharing mode in China is apparently unfair on the part of card holders and meanwhile in the ralated legislation there is no legal provision applying directly to the share of the responsibility of such infringement,which situation of lagging behind in terms of legislation necessitates improvement.This thesis,drawing on the responsibility-dispersing principle widely used in the developed western countries and taking into account the credit basis in our country and the present situation of card-distributing mode, deals with how to balance the assumption of the responsibility among banks issuing cards, special customers and card holders.The author holds that all of the card holders' responsibility should be determined in the light of the situation of loss of cards and the degree to which the card holders err and the concrete situation should be decided of their full exemption of responsibility,responsibility of applicable quota,and assumption of full responsibility.It is requested that card-issuing banks shoulder the burden of proof and strengthen their censorship and awareness of security.It is essential that the special customers' contract duty be uniformly stipulated and the limit of their responsibility determined.As far as legislation is concered,China should maitain a long and wholesome development in the market of credit card by using the mature experience from abroad, establishing a credit basis system,attaching much importance to the protection of the card holders,and striking a balance between the industry benefit and the individual benefit.This article has carried on the analysis and the elaboration from the following parts to the assumption of civil responsibility of illegal use of the other's credit cards.Chapter one focuses on the basic introduction to the bank credit card.In this chapter,the writer points out the object of study in this article by introducing the definition and function of the credit card.Chapter two focuses on the basic introduction to the illegal using of other's credit cards and the civil responsibility.Chapter three based on the relate study of other country or district.Chapter four illustrates some important legal questions in the credit card transaction.The writer selects six representative legal problems and makes a further analysis on them.Compared with the credit card legislation of other country and district,the article points out that there are so many problems during the issuance and using of credit card and our current card legislation.Chapter five focuses on how to improve the Chinese credit card legislation.Upon the investigation and research of the legal questions which discussed in Chapter four,this article gives some resolutions or legal proposals based on drawing lessons from the credit card legislation of American and Taiwan district.