Legal Relationships About Credit Cards And Its Prevention Of Fraud Transactions

Credit cards are issued from commercial Banks or other financial institutions, with credit consumption as the main characteristics of the credit certificate, is the modern economic life the most convenient and fast a tool of credit consumption. Credit card, not only caused a revolution in the way financial consumption and innovation, more promote the development of financial economy to a wider area creates opportunities and conditions. In our country, the credit card industry is along with the further development of reform and opening up and in the financial sector in a financial innovation of the strong vitality of the industry. Since June1985, the bank of China in the domestic first bank card, since just after20years of time, the large-scale development of industry has settled into. From the central bank data show that by the end of the third quarter of2013, credit card hairpin quantity for376million copies, up18.40%; Credit card credit amount is4.35trillion yuan, up30.33%from a year earlier. Specifically, in2013, the domestic credit card business scope extended from the traditional pay the emerging field. In2013, the credit card in further consolidate traditional offline payment business advantage at the same time, active competition emerging payments, through continuously improve their business innovation ability,and actively with Internet companies, mobile operators and other industry chain enterprise cooperation, to speed up the online fast payment product research and development and optimization, promoting industry fully into the digital era. Credit card industry in China has become an indispensable part of the country’s financial industry, to promote the common development of the world’s financial economy, push forward financial business to the international financial market in China has played a pivotal role.However, we cannot see, although our country’s credit card industry in a relatively short period of time has achieved very good results, but because of the credit card industry development of our country also only20years time, from now, the credit card industry in China’s various security or service safeguard mechanism is relatively poor, the credit card industry matching with the laws, regulations and various guarantee mechanism is relatively backward, and lead to a lot of credit card disputes arise, credit card defaults rose, too. Especially in credit card malicious overdraft and credit card was produced by using the bad loans of the worst., according to data released by the central bank in the third quarter of2013credit card late half year outstanding credit amount of22.617billion yuan, compared with the previous quarter increased by15.27%; Credit card late half year outstanding credit amount accounted for1.33%of the total amount of the final claim credit, accounts for the end of the first quarter rose about0.08%.In practice, whether the amount after the general with the issuing bank within three months,The article is divided into four parts altogether and research on the legal issues of credit card fraud transaction. First, the introduction to the theory of credit card. Due to the credit card has been deeply into the daily life of everyone, for credit card is also quite familiar with, so this part briefly introduces the concept, nature and function of credit card; Second, the credit card transactions legal relationship analysis. According to the current situation of the credit card in our country, deeply analyzes the credit card necessary parties, namely, the cardholder, card issuers, specially engaged and single institutions, under the different transaction forms, such as in the process of face-to-face transactions, to pay by credit card through the ATM and POS transaction process, respectively, to clarify the legal relationship of the parties mutually between the parties; Third, the credit card fraud transactions and related civil liability. First analysis of the current credit card fraud transaction behavior show the wide range, strong concealment, pro-cyclicality and hazardous characteristics and credit card fraud in practice the main reasons that deal, the key analysis.