Credit Card Use Of Dispute Of Special Merchants Review Obligation

In recent years, with the credit card is more and more widely used, the number of disputes use of credit card increase, and the case, the judge to engage their responsibility identification depends on a "special merchants to review whether to the person that hold card bear obligations and whether to fulfill the standard" judgment, and it is just in practice there is greater differences, this paper on the current law within the framework of the solve the above differences. First, the source of the civil obligations as a visual Angle, either from the law, the contract or produce the obligation of good faith principle generally pay attention to see requirements, relative to the cardholder, special merchants should take specific review obligation. Second, about the special merchants of obligation standard, need to balance the cardholder and guest pays the interests of both parties, both the credit card transactions of security and efficiency value, but only careful attention to the requirements of the obligations "kindhearted administrator" standards can achieve the above requirements, a standard clear special merchants between experts and ordinary people is the level of the audit between identity, already considered special merchants technology and experience advantage, the fair distribution of the risk of credit card transactions, to a certain extent, guarantee the safety of the credit card transactions, and focus on the credit card transactions efficiency requirements, avoid too stringent requirements special ones, which influence the development of the credit card transactions. The author expect through this standard can help to shape a practice to solve the case of the feasible effective rules and thus to properly solve the credit card use dispute, enhance the stability of judicial decisions and authority. There are three chapters are included in this paper:The first part of main introduction to a credit card, credit card transaction mode PC、 the relationship between the principal transactions and credit card transactions is independence or involvement in the judgment of the sex. Credit card POS machine transactions involve hairpin, the cardholder, the single institution, special merchants four main body, first by the cardholder in special merchants purchased goods or services, and special merchants in the POS brush card, the card issuers online after the authorization, the cardholder sign the bill consumption, and then, by the special merchants cardholder signature sign the bill and the single offices and the single audit institutions and, paid amount deducting poundage and bill, the single institution and after the issuers to settlement, the last card issuers to accept single offices information, the money in the account holders will consumption deductions, or to the person that hold card issue loans, after deducting relative charges to special merchants bank after payment. The whole process in appeared four legal relationship, which are respectively the cardholder and guest merchant formed between the consumer contract relations, special merchants and accept single institution formed between the funds transfer payment system and POS use legal relationship, the cardholder and card issuers of deposits formed between legal relationship, entrust settlement legal relationship and consumer lending laws, as well as the relations between the single institution and issuers formed between the principal-agent legal relationship, among them, the cardholder and guest their legal relationship of the three existing for other foundation. In addition, although credit card transactions in fact have implicated in subject, but according to contract relativity principle, the legal relationship of independence as soon as it comes, in fact the implicated shall not affect the independent legal relationship.The second part from the perspective of the source civil obligations "relative to the cardholder, special merchants with credit card whether audit obligations" problem, civil obligations mainly comes from the rule of law, contract and the other does not belong to the former two but from the honesty and credit principle or public order of the principle of good morals request must also obligations. But regardless of existing laws and regulations, based on special merchants CARDS and human contract requirements or from the honesty and credit principle, for the answers must be certain. Thus the author in this part of the draw the conclusion, namely the relative to the cardholder, special merchants have credit card audit duties ".The third part further special merchants to perform its obligations to solve the standard and scope. Through the summary judgment of existing, this paper point out the existing practice of three kinds of performance criteria, which completely note compulsory standards, careful attention obligation standard and form audit obligation standard, and then to balance the cardholder and guest merchant for both parties, balance of credit card transactions efficiency and safety value requirements, and then to balance the cardholder and guest merchant for both parties, balance of credit card transactions efficiency and safety value requirements, analysis and comparison and correct the above three performance standards, finally established credit card use in dispute, special merchants review the performance of the obligation standard, and the standard of the specific use to judicial in.