The Legal Regulation Of The Format Clause In The Bank Card Contract

Since June 1985 the bank of China in the domestic distribution of 20 years since the first RMB credit card,bank card business has been rapid development in our country.But at the same time,we also noticed that,over the years bank card business aspects of the legal problems emerge in endlessly,especially in some of the basic and key problem in theory and practice has yet to achieve coordinated development.These problems are not solved,is bound to become a"bottleneck"restricting the development of Chinese bankcard industry benign.By password consumption is the basis of the bank card business,however,in the theoretical research and judicial practice in our country at present the"transaction password right are regarded as I trade"the cognizance of this clause is still not come to an agreement,which directly affects the cognizance of the relevant civil liability.Banks tend to form the format of the contract of the fair,many terms substance is not fair and reasonable,these terms and conditions of questionable legality.Therefore,legal regulation and judicial review was carried out on the bank of format terms,in order to make the person that hold card in a relatively equal state with the bank,The author hopes to"trading password right are regarded as I deal"of this clause focuses on providing some Suggestions to other provisions of the regulation.The purpose of this paper is to be discussed from the following four parts:The first part,the analysis of a large number of related cases,and puts forward problems and the author of this article,and then introduces the research contents and methods,the full text of the writing in general;For bank card stolen brush disputes in the second part of the main relevant civil legal relationship,respectively,through the bank card the legal relationship between the parties,the burden of proof and civil responsibility carries on the detailed introduction,to further understand recipients in the format contract terms;The third part,analysis of format terms,this paper studies the bank recipients of format clauses in the contract,this paper analyses the causes of the cardholder to ignore the terms and the necessity of regulation;The fourth part of the bank card contract outside of legal regulation practice,mainly in the United States and Britain and Taiwan,for example,some common rules for reference.In addition,also analyzed the terms how to password behavior from the aspects of content control regulation,in order to pass the standard term regulation of cardholders in a relatively equal state with the bank.