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A Study On The Civil Liability Of Credit Card

Posted on:2017-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:R Y LiuFull Text:PDF
GTID:2206330503463192Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Credit card has appeared in the United States market since the 20 thcentury, and became popular in the world gradually.Credit card is like a "double-edged sword"; on the one hand,people enjoy convenient services that credit cards bring to them. It makes a thorough change for human’s life since never,credit card is becoming more and more welcome as a payment tool by consumers. On the other hand, banks use in a variety of preferential policies to attract customers for achieving the advantage of quantity. For examples, banks expand the scope of the business of credit cards and make the circulation of credit cards keep increasing, the resulting security problem is increasingly significant. The Development of the credit cards of our country is relatively backward, credit cards ’transactions and the use of standardized environmental security and other aspects of system is not mature enough. There are many unauthorized charges are happening right now. The cardholder’s personal information security and property safety are in danger. Courts in China have different judgments for cases of unauthorized charges in different places, the main cause of this phenomenon is that the civil legal relationship between the cardholder and the issuing bank is not clear. It lacks of legal basis for the bank to bear civil liability, the burden of proof is not clear and applicable liability principle disunity. Based on the responsibility in our credit card systemis not perfect, resulting in the relatively weak group interests can not be guaranteed in the long term interests. Once the cardholder’s rights are not effectively protected, then China’s commercial banks in the international arena competitiveness will be dropped. Therefore, the author of this writing mainly to safeguard the interests of the cardholder as a starting point, through the study, comparison and analysis of the practice of fraudulent credit card cases, we analyze the case of civil liability of the bank, and strive to understand the judicial practice throughout the court’s decision allocation criteria and based on responsibility and make some insignificant proposals on this basis.This article is divided into four chapters, the first chapter mainly elaborated the credit card stolen brush case involving civil basic theory, the chapter content includes: 1.The definition of credit card and credit card stolen brush;2.In practice, summarized the types of credit card stolen brush,according to the common means of practice for unauthorized credit card stolen brush type can be divided into real card stolen brush and pseudo card stolen brush.3. Take the function of the credit card as a starting point to analyze mainly exist between Banks and the cardholder credit contract legal relationship and the principal-agent relationship, and the civil legal relationship between the cardholder and the issuing bank mainly discuss both the negative each contract obligationand protection, and assist in collateral obligation to inform,to later bank responsibility to provide theory basis. The second chapter is the important part of this article, the chapter analysis the credit card stolen brush the nature of the case bank payments not constitute ostensible agency, and to suggest that bank responsibility theory basis, discussed the bank in the nature of the liability in the cases of credit card stolen brush, imputation principles and practice of responsibility. The third chapter mainly through the analysis of the case in the judicial practice of the general rules of process, through the analysis of the focus problems out of the bank credit card stolen brush case responsibility of the main causes of inconsistencies, such as bank format terms played undecided, liability subject and the burden of proof is not clear, the rights and interests of cardholders’ lack of corresponding security, etc. The fourth chapter mainly in the third chapter of the problem statement as a starting point, draw lessons from outside the region more mature approach, bank credit card stolen brush case in China, the civil liability the improvement of the existing problems put forward the corresponding Suggestions.
Keywords/Search Tags:Credit card stolen brush, The civil legal relationship, The civil liability, The burden of proof
PDF Full Text Request
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