On The Consumer Lending Consumer Protection Contract

With the advancement of our country market economy,the use of credit CARDS has experienced a very rapid development stage,but the credit card industry's rapid development has been more and more credit card disputes at the same time.In the credit card business,as a result of the cardholder as individuals,in the weakness of the obvious,especially in our country,the bank is in absolute monopoly,the cardholder unable to contend with card issuers.The lack of credit card consumers' right of defense is an important aspect of the infringement of Chinese credit card consumer rights.Wave as the protection of the rights and interests of consumers around the world,an absolute defense to cut off the rules because of not considering the weak position of the cardholder one-sided adhere to the relativity of contract and risk isolation,has been more and more questions and challenges.Therefore,some major developed countries and areas take the lead in legislation and practice on the positive exploration,gradually allow cardholders under certain conditions can be obtained a greater degree of protection,the theoretical circle also try from different angles for the cardholders seek rationality according to the right of defense to protect.Our country is still insist on using a credit card credit card plea to cut off the rules set of basic system,the author thinks,should be both the protection of rights and interests of consumers,and with proper defense extends a correction of an absolute defense to cut off the rules for limited,with reasonable distribution of benefits and risks of credit card transactions all parties.The structure of article writing is mainly divided into the following parts:The first part is the limitation of cardholder's defense in China's credit card contract and the basic legal relationship between the parties in the credit card transaction.Domestic Banks in China compare the credit card procedures,understand the composition of our country credit card contract and credit card set unreasonable format clauses in the contract,such as still draw lessons from the "bank card business management method" stipulated in article 54,agreed the cardholder defenses to cut off the clause.The second part is to protect the legal basis of the defense of cardholder.This chapter is from the civil law jurisprudence research,to the credit card cardholder's defense protection,whether the cardholder's defense should be extended protectionIn the third part,the basis and deficiencies of the provisions of the defense cut-off clause of China's credit card holders.Hairpin bank contract signed with the cardholder's credit card in China,continued to apply to the cardholder defenses to cut off the terms of this section apply to the provision of rationality and on the basis of a detailed analysis,and analysis the deficiency existing in the terms and conditions set and barriers for protection of consumer rights and interests..The fourth part is the legislation protection of credit card holders.Comparative study on the legislation protection of credit card holders in developed countries in foreign countries can be used for reference.In the fifth part,the paper puts forward some concrete Suggestions on the protection of Chinese credit card cardholders.The author hopes that through the study of this paper,it will be helpful to improve the legal system of credit card transaction in China and to protect the consumers' rights and interests while promoting the development of the credit card industry.