Investigation On Credit Card Related Civil Liability

With the penetration of credit card into civilians'daily life, it brings convenience to people while the disputes induced by it are frequently reported.At the same time, overwhelming credit card crimes cause great pecuniary loses to cardholders and issuers. As for now, we haven't enacted any special laws or administrative regulations, and the interpretation of the legal relation during credit card transactions and the distribution of liabilities among parties is still a matter of academic discussion, and different judicial decisions for cases of same kind also exit, which is unfavorable to the settlement of credit card transaction disputes and the protection of the rights of all parties. This article attempts to summarize among many other theories the principles for establishment of legal relation among the parties involved in credit card transactions and opens a discussion for division of credit card civil liabilities on the basis of these kinds of cases, including malicious overdraw, credit card liquidation and credit card lost and stolen. Moreover, the article concludes the efforts made by commercial banks in precaution of credit card business risks and puts forward the suggestions for perfecting legislation and promoting healthy development of credit card industry.The article mainly consists of four parts:Chapter 1 introduces the significance of the topic selection and defines relevant concepts.Chapter 2 chiefly analyzes three basic civil legal relations among cardholders and merchants, issuers and merchants , issuers and cardholders. It also illustrates the meaning of"plea cut provisions"in current transaction rules, and on that basis comes up with taking"independence principle"for the basic principle of dealing with credit card civil law relation. Chapter 3 briefs civil liability and imputation principle concerning credit card. It gives a detailed analysis and discussion to civil liabilities between parties involved in three kinds of cases, including malicious overdraw, credit card liquidation and credit card lost and stolen.Chapter 4 investigates the domestic legal framework of adjusting credit card related conducts, suggests that in order to promote healthy development of domestic credit card industry, It is urgent to accelerate credit card related legislative construction and improvement from the respects of establishing domestic individual credit consumption system and drawing up《Bank Cards Provisions》as soon as possible.