The Study On Several Legal Issues Of Credit Card Contract In Our Country

Credit card, with the development of commodity economy, commercial credit and bank credit product of the combination, is now popular worldwide, easy, secure payment and settlement tool. Credit card is very powerful, both as general bank savings card access cash, transfer and settlement, but also has a consumer credit function.For credit card content, both broadly defined have narrowly defined. Credit card from the narrow definition, is evidence of foreign credit card consumer credit card, without the prior case of deposits can still be developed by the agency in issuing certain shopping malls, restaurants, or entertainment to consumer as well as cash, And in the event within the time limit agreed by the parties do not pay interest on the credit certificate, the issue of units mainly banks and other forms of financial institutions. In terms of the domestic credit, mainly credit card and two forms of quasi-credit card, which is not allowed without prior consumer deposits circumstances, but allows a lower limit of the overdraft. Credit card from the broad definition, refers to a credit card with special features, with this card to the extent that the credit card holder, while the cardholder can purchase goods and services. In recent years, credit card usage in China has leaped to first in the world, has aroused strong concern. Credit card payment only of the important tools, but also an important retail commercial bank, has formed a relatively complete industrial chain, the national economy and social development has great role in promoting. However, as China's sharp increase in the number of credit card use, there has been a lot of credit card contract-related legal issues, this is due, the credit card business in China is not specifically for sound legal system, legal infrastructure to keep pace development of the credit card business the pace of credit card contract is signed and then makes the lack of legal basis for the future planted the seeds of the credit card contract dispute. On the other hand, the card issuing banks and credit card consumer credit throughout the life course there are many non-standardized operation, resulting in a dispute each other pass the buck. This is not only legitimate rights and interests of credit card holders will be damaged, but also harm the legitimate interests of the issuing bank, but also may result in fluctuations in our financial industry. Study found that there are credit cards in the credit card contract limitation identified issues, risks and responsibility for fraudulent use of credit cards to share issue, the right to cut off the defense of limitation provisions, such as a number of legal issues.Credit card system developed by analysis of relevant legislation, and with reference to its judicial model, among countries with credit card through the legal system of contract theory and practice, and finally, from China's actual conditions, flexible borrowing from the successful experience of specially formulated proposed "credit card method" to increase the level of legislation. Through high-level that is truly special legislation to protect the interests of the issuing bank can not harm the legitimate interests of the cardholder; consumer credit legislation and improving the legal system of personal credit. Consumer credit legislation to fill gaps in the consumer credit business law, construction in the credit system should be government-led, market supplement, and to fully protect the privacy of information subjects; clear information about issuers disclosure obligations. Credit card contracts should be more detailed exposition of the issuing bank's information disclosure obligations to ensure the timeliness of information disclosure, especially disclosure of information to change the contract and clear disclosure of the methods and the issuing bank to be unable to fulfill disclosure obligations; for " 24-hour exemption clause "proposed changes to, the responsibility within 24 hours and 24 hours, cardholders should be selling goods and services providers were East special commitment on the present banks in the credit card the right to cut off defense contracts provisions be limited, the contract should be based on the principles of both parties agreed upon in the defense sub-cut terms, and not by the issuing bank the right unilaterally to impose a defense off credit card terms and other contracts of five to solve legal problems of countermeasures to help our Improvement of credit card contracts.