Debit Card Business, Consumer Protection Laws And Institutional Research

Purpose of this article is studying the protection of consumer of thedebit card through the analysis of the system in terms of law science, anddiscussing how to legislate to improve the protection of consumers ofdebit card of China. With the development computerizing financial services, the debitcard has already become the means of payment that compatriots havebeen used to use. But compared with the traditional paper banking , aninhuman intermediary exists between the customer and bank in thebusiness of the debit card—Machine. relying on its controlling toequipment, The bank enjoy the absolute advantage in such aspects suchas the occupying of information , development of the business. The bankabuses one's own advantage position and lightens to avoid it's ownobligation, responsibility, shift the business risk and encroaches onconsumer's rights and interests. In oder to protect of consumer's rightsand interests of the debit card, this article launches sequentially in fiveaspects. In the preface, I define the ranges of the debit card and debit cardconsumer. the bank service that debit card consumers enjoy includespaying, depositing money, Settlement ,etc. mainly. After finishing thenarrations of relevant backgrounds, I analyses a Typical case, and drawsthe ensuing chapters with this case. Chapter one of this article describs the foundation of protection ofconsumers' rights and interests of debit card. This chapter is divided intothree parts, through studying relation between bank and consumer and themode of trading of debit card, the article studies the necessity ofprotection of consumers'rights and interests of debit card. First of all,legal relation of debit card between consumers and the bank include therelation of the deposit and debit card contract relation. Second, the debitcard trade mode includes POS pay the account settlement business andATM business. Third, the necessity of protection of consumers' rights andinterests of debit card. This article studies the mode of protection of consumers' rights andinterests of debit card of various countries in chapter two. There are threekinds of protection modes of various countries mainly: First, general lawmode ,from current about adjust law of contract adjust through judicialprocess promptly. second, make the special rule of independentmanagement of the trades to adjust from the banking promptly in mode ofindependent management of the trades, regard Britain as typicalrepresentatives. Third, make the special law to adjust promptly in speciallaw mode, such as paying the card law, the Electronic Fund Transfer Act,U.S.A. is a representative of this mode. Chapter three has studied the construction of the concrete system ofprotection of consumers' rights and interests of the debit card. I amcarrying on research from five respects mainly: First, the structure of theobligation of the bank includes, disclosure of information obligation—theprotection of consumer's right to know , Bank obligation in grant thedebit card—the protection of consumer's right to choose , the obligationof dealing with mistakes. Second, Prevent the bank from shifting the risk.Third, the special regulation of giving up in consumer's right. Fourth, thespecial procedure of consumer's lawsuit. The fifth, the administrativesupervision to the bank. Chapter four expounds the predicament of protection of consumers'rights and interests of debit card of China and thinking of legislating.First of all , the article has studied real state of protection of consumers'rights and interests of China, including legal system environment of debitcard and inequity clause of the contract. Second, I thinks macroscopiclyabout protecting the consumer's rights and interests of debit card of ourcountry. Third, I put forward the concrete idea about legal systemcompletion of protection of consumers'rights and interests of debit card. The innovation of this article lies in : Though the questions ofprotection of consumers' rights and interests of debit card often appearson the newspaper, however, the system research of...