The Study Of The Law Issue Of Protecting The Rights And Interests Of Credit Card Consumer’s

In recent years, the consumption idea of Chinese people has a great change. There aremore and more people prefer to use credit card to consumption, and the credit card market hasbeen booming in China, almost all the Banks have launched their own credit card products.However, while the credit card consumption brings convenience for the general cardholders,it brings them great risks due to the irrationality of some related system of the card. In the firstand the second trial of the credit card dispute case of Min Sheng bank, Mr. Ai Lu take"whether the model clause of maximum balance interest display fair " and " whether the statusof two parties of the credit card contract equal" as the focus, to make the judgment which wasagainst to the cardholder. This article is going to introduce the perspective of protecting theconsumers’ rights and interests, analyzing the dispute between the credit card consumers andthe issuing bank, to find out the rationality of the related system of the existing credit card,and to improve the law to protect the credit card consumer rights and interests from theperspective of protecting consumer.Besides the introduction and conclusion, there are five parts in this articleThe first part is "the case introduction and the problems raises ". This part introduces thewhole story that Mr. Ai Lu appeals the credit card dispute case with China Min ShengBanking co., LTD; the plaintiff’s claim and the defendant’s plea; and the decision of the firstand the second trial. On this basis to summing up the controversial focus of the case is "theeffectiveness problem of the model clause of the maximum balance interest " and " whetherthe status the two parties equal, when signing the <Using Agreement of China Min ShengBank Credit Card (Individual)>"; And putting forward the query to the verdict of this case,thinking that the verdict of this case regulate the contractor’s obligations just according to theprotecting mode of the contract law, which is not good to protecting the cardholder’s rightsand interests, and there may be some limitations.The second part is "the case response to this focus and the existent limitations". This part is divided into two sections, the first section is based on the content of this case’s verdict,illustrating that the response of focuses problems from the court of first and the second trail is" the model clause of maximum balance interest meets the provisions of the laws andregulations","equal status between the issuing bank and credit card holder". The secondsection is based on the analysis of the existent limitations in this trial, thinking that ““themodel clause of maximum balance interest” is essentially unfair"; and conducting argumentrespectively from several aspects: the model clause of maximum balance interest, notinternational practice; this clause significantly increased the liability of credit card’s recipientsand the restraints to this clause from the banking agreement of the banking association; all todemonstrate the conclusion that the model clause of maximum balance interest is essentiallyunfair; At the same time, also believes " status inequality between the issuing bank and creditcard recipients "; And expound from the identification of the market position of the largecommercial Banks and the status quo of the credit card market in our country these twoaspects. Therefore, believes that the verdict of this case has some limitation for it justaccording to the protecting model of the contract law.The third part is “the introduction of the perspective of the consumer rights and interestsprotection ". This part is divided into three sections. The first section discusses “introduce thetheoretical foundation of the consumer rights and interests protection perspective”; at first, toconfirm the credit card recipients owning consumer status, explaining the meaning ofconsumers and introducing the concept of financial consumer, via the analysis of thedefinition of financial consumer to demonstrate that credit card recipients should gain theconsumer identity; then clarifying why introduce the consumer’s rights and interestsprotecting perspective, for this is a "need to “special” protect the consumers”, becauseconsumers are essentially in a weak position when trading, and need such protection, whileusing the contract law perspective to such kind of case cannot reach the purpose of the“special” protection. The second section discuss “the introduction of the legal basis the forprotection perspective of the rights and interests of the consumers;” Through anglicizing thespecific provisions of the Law on Protection of the Rights and Interests of Consumers, point out that this case can refer to this law to trail. The third section is via “some related case’sjudicial practice” which is applicable to the Law on Protection of the Rights and Interests ofConsumers", in the form of the empirical analysis to show the advantage of the introductionthis law to trail such cases.The fourth part is " on the basis of the <Law on Protection of the Rights and Interests ofConsumers> to review the case". This part introduces the specific provision of <Law onProtection of the Rights and Interests of Consumers>" into this case, and conduce the newanalysis and comb; In this case, Mr. AI Lu,as a consumer, its right to know, free choice andfair trading right, as been damaged; as a business operator, Min Sheng bank has failed to fullperformance it’s duty-bound responsibility. Anyhow, Min Sheng bank’s behavior go againstthe relevant provisions and regulations of the <Law on Protection of the Rights and Interestsof Consumers>"; Thus, we can obtain the new conclusion that the model clause of“maximum balance interest" is invalid.The fifth part is "the thinking of protection system to rights and interests of the creditcard consumer in our country." Summarized many problems existing in the current creditcard consumption, including credit card consumer rights and interests cannot be protected,such as the security of right to know, the violations of fair trading rights, the threats toconsumption safety, the defect of the protection mechanism of credit card consumer, and alsoconducted some demonstrations; And on the basis of referring to some relevant cases andrelated systems both at home and abroad, putting forward some specific modify view aimingat the above problems.The conclusion part makes a brief summary to the full text, summarized the Mr. Ai Lu’scase with China Min Sheng bank credit card dispute; Points out that main legal issues facedin the current developing credit card business in our country, and summary and outlook therelief way.