On The Protection Of Rights And Interests Of Bankcard Holders Under The Perspective Of Counterfeit Card Transactions

Thewidespreaduse of bank cards not only makes our life more convenient, but also bring s potential risks. At present, counterfeit card transactions happen frequently in China. Criminalsoften consume or withdraw money by using counterfeit cards with skimmed inform ation from legitimate cards. This kind of behavior has seriously violated the legitimate rights a nd interests of cardholders. Different sentences on similar law cases further displays the lack of protection of cardholders. From both the rights and interests of cardholders themselves and development of the banking sector and the society, the need to protect cardholders is urgent. Bearing this picture in mind, the thesis analyzes the current situation of the protectionof cardh olders in China, uncovers the shortcomings and provides solutions by referring to experience f rom developed countries and areas.The thesis mainly consists of four sections besides introduction and conclusion:The first section first analyzes the most easily violated rights and interests of cardholders by introducing typical law cases and elaborates the legitimate rights and interests enjoyed by cardholders.Thenelaborates the necessity to protect cardholders from two perspectives, namely the unfavorable status of cardholders and the future development of the banking sector.The second section has demonstrated the status quo of cardholder protection in China.And then pointed out six problems:low level legislature, lack of targeted laws, obscure responsibility of regulators, lack of coordination mechanisms, inefficient relief approaches and lack of financial education.The third section introduces how other countries (areas) protect the rights and interests of cardholders. To be more specific, the status quo of legislation, regulators, dispute resolution mechanisms and financial education of the United States, Great Britain and Hongkong are elaborated. In the end, implications for China is stated.In the fourth section, suggestions to enforce cardholder protection are proposed, these include improving legislature on cardholder protection, updating financial regulation system, perfecting dispute solution mechanisms, establishing the cardholder education system and finally taking measures to improve the manufacturing technology of bank cards.