On The Civil Liability Of Card Issuer In Credit Card

In the 1980 s, Credit card, as a new financial transaction tool, developed quickly in China. On the one hand, credit card is easy to use, convenient to take along and also brings a quicker and easier life. On the other hand, some criminals take use of the credit card as fraudulent transactions, exposing some security risks. Although commercial banks have been fully upgraded to improve the safety of the card,law theoretical research is not well prepared. The loopholes in supervision lead to credit card stolen brush cases occur frequently and the credit card law dispute increases year by year.This thesis takes use of historical study and comparative study to analysis. Drawing lessons from the relevant legal system of domain inside and outside, to rebuild the civil liability of the counterfeit credit card. In this way, we can provide the practice with the corresponding theoretical basis to solve the disputes quickly.The thesis is divided into six parts. The first chapter is introduction. This part mainly introduced the background, significance and the academic idea of this article. And this chapter takes review of the present research situation of domestic and foreign literature.The second chapter is the analysis of civil liability identification and assume responsibilities in fraudulent use of card disputes. Taking a credit card dispute case as the breakthrough point, lead to recognize the issuers of civil liability and responsibility based judicial current situation and deficiency in practice. The third chapter will focus on the analysis of the source of civil liability of false card issuers in the transaction. Definition of civil liability shall start from the civil legal relationship analysis. Firstly, it focus on the analysis of the civil legal relationship between the issuers and cardholders. Secondly, it shows rights and obligations of the issuer. Finally, in fraudulent use of card disputes the issuing bank is the inevitable result of the violation. The fourth chapter focuses on the legal regulation in American and Taiwan about the unauthorized use, and further analysis of issuer’s civil liability cognizance and inadequate. The basic rules of the qualification of the fifth chapter analyses the issuer of civil liability in false card transactions, including the principle of civil liability, liability constitution and exemptions, combining with this case again on the issuer’s civil liability problems. The sixth chapter is the conclusion. According to the analysis above, we will rebuild the basic rules of civil liability for issuers in fraudulent use of card transactions.