Font Size: a A A

The Research On China's Bankcard Consumer Rights Protection

Posted on:2017-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q DingFull Text:PDF
GTID:2346330503990336Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the current complex and diverse financial environment, Bank card bring us fast and convenient consumption, but the legal aspects of the issue banking cards are emerging,consumer's rights are infringed frequently.For example,The bank failed to fulfill the corresponding obligation of information disclosure, making bank card consumers' right not be fulfilled. Personal data information was leaked, and privacy has been violated, the occurrence of disputes with merchants, but consumer can not stop paying the money to the merchant; If the card is embezzled, consumer should bear an unreasonable risk of liability.The reason why these problems occurred depended on the card own characteristics and the disadvantaged of consumer, and this lead consumer's rights to be violated more easily.At present, the existing consumer protection provisions scattered among different laws,regulations and normative documents. There are little clear provisions about deposit attribution, disclosure of bank and merchant,the responsibilities and limitations of bank,the effect of lost instrument,the power of financial supervision and complaints mechanism.Based on this environment,author collected related domestic and foreign theoretical writings, laws and regulations, and academic journals or other types of literature research,to analyze the problem, grasp the future research and innovation. Secondly,adopt case analysis to sum up the judicial practice of fact-finding, the assignment of loss responsibility,the evidence burden,to analyze the current problems of the consumer protection. Thirdly, adopt comparative study,to compare the specific legislation of bank card consumer protection——The United States published ?Dodd- Frank Act?to set up the Consumer Financial Protection Bureau(CFPB),aiming at giving consumers the right to know an right to choose.The ?Electronic Fund Transfer Act?stipulated the consumer rights,obligations an responsibility.The British?Financial Services Act?and the Japan's ADR are both worth learning.Analyze the restraints and the reality of implementation mode of our country.And then propose the measures of legislation and judicature.Insummary,based on the protection of consumer rights,I firstly give the “the rights of consumer”a legal definition.Through combining with the trial results of Beijing,Shanghai,Guangzhou,to distinguish it from the general consumer right.By referring to the legislation and judicial practice of United States,Britain and Japan,I sum up the suggestion about protection measures of consumer's right,including legislative idea that are partial to consumer,draft the specific legislation,define the information disclosure obligations,rectify the blocking provisions of standard form contacts,the obligations of care in unauthorized allocation,review the responsibility and relief mechanism of regulatory and procedures,for improving the protection system.In short,strengthen the protection of consumer right is an objective requirements to make the bank card industry healthy and steady.And it's also a major problem on the way of financial reformation.
Keywords/Search Tags:Bankcard, Consumer rights, Legislation mode, Standard Terms, Diversified dispute settlement mechanism
PDF Full Text Request
Related items