Research On Standard Terms Of The Credit Card Contract

With the rapid development of Chinese socialist market economy, improving transaction efficiency and reducing the transaction costs become an important link for the various market segments to gain a competitive advantage, in view of this, the way that one party in advance develops some reusable standard terms has attracted attention in various fields, of course, the banking industry is no exception. Today, the credit card business has become the mainstream of the banking business, and convenient credit card contract will become the main weapon to promote the development of the credit card business. However, due to a strong economic strength and monopoly position of the banking industry, there are some unreasonable standard terms in the credit card contract which was unilaterally formulated by bank, so that the legitimate rights and interests of credit card customers who are disadvantaged have been violated, but they do nothing. Therefore, it is the key for safeguarding the legitimate rights and interests of the credit card customers then protecting fair trade, and promoting the healthy development that from a legal point of view we explore the irrational in the standard terms of the credit card contract and put forward the corresponding legal regulation proposals, which also at this stage is very urgent and significant issue.The text of this paper was divided into the following four parts:The first part is an overview of the credit card contract standard terms. This part will be based on the concept of credit card, credit card contract, standard terms, summed up the definition of the standard terms of credit card contracts, and legal characteristics, advantages and disadvantages are analyzed.The second part is the emergence and development of the credit card contract terms. This section focuses on describing the status of the credit card contract standard terms, and we analysis the reasons leading to this phenomenon.The third part is the unreasonable terms in credit card. This part is the key section of our paper, by the instance research on the credit card contract standard terms of several banks, we summarize some unfair questions of these banks, including: violations of the right to customer information, the unreasonable annual fee terms, unreasonable repayment terms, cardholder's defense rights which are deprived of, a unilateral contract right to terminate and change the right which is illegal, the unfair allocation on risk and responsibility etc.The fourth part is the improvement of legal regulation on the credit card contract standard terms. To address problems revealed by this part, the author based on the legislative, executive and judicial aspects suggests the corresponding legal regulation mode, which will effectively safeguard the legitimate rights and interests of credit card customers, promote the healthy and sustained development of the credit card business, and improve the strength of Chinese socialist market economy.