Discussion On How To Improve The Credit Card Legislation To Prevent From Market Risk

With the development of market economy, credit card has become the new product development of social financial industry. At present, the credit card has become the main mode of payment, And to regulate the credit card business laws and regulations are only contained in "general principles of civil law","consumer protection law","commercial bank law","contract law" and other laws. But in the judicial practice, can only refer to some provisions in principle to evaluate the credit card business. In1999the people’s Bank of China promulgated the "bank card business management approach", has more than fifteen years, can not adapt to the rapid development of credit card business.So, the legislation of credit card is urgent.The article reviews the development course of the current credit card business, According to characteristics of the credit card business related subject, contained in the law, and the current credit card legislation present situation analysis, The current credit card banks despot provisions, the protection of personal information service and other risks and other issues are discussed, so as to put forward some suggestions to our country credit card legal system.This paper firstly elaborates the origin of credit card credit card, clear meaning, and discusses the classification of credit card. And then to the United States as an example, discusses the legislative principle and legislative trend of credit card, through the study of American credit card legislation, so as to give our legislation inspiration. Then the legal relationship of the credit cards in China are analyzed, mutual legal focused mainly on the relationship between issuers and cardholders and merchants, issuers and cardholders and merchants.Subsequently, this paper on China’s credit card legal problems were discussed, from the first credit card agreements and credit analysis. There are many despot clause credit card agreement, against the interests of consumers have charges, interest, and at the same time, higher credit and credit also repeated convex risk showing conflicts caused by. At the same time, this paper also gives a discussion on the bank card risk, with representatives in the credit card market in the operation of the case, the duty of care is how to avoid risks in the bank card and the card in the need to undertake analysis. Finally, discussed the lack of supervision, the silver business dispute shows market legislation system lags behind etc.Finally, the credit card risk management and credit system are put forward legislative proposals, the legal system from the establishment, supervision in advance prediction respectively, perfect credit system, strengthen the legislation and the establishment of complete credit information database etc. to put forward how to perfect our country’s credit card legislation.