A Study On The Cost Of Credit Card Default In China

The characteristic of "paying first and then repaying" makes the use of credit card more and more frequently in the world.From the perspective of global financial situation,it is urgent and necessary to solve the problem of credit card.At present,the bad debts of the global banks are increasing,and the bad credit card is becoming the new source of the bad loans of our banks.With the increase of bad credit card and the difficulty of Protecting Creditor’s rights,it is very important for issuing banks to improve their own management level and service quality in order to reduce credit card disputes and have more effective judicial remedies.At present,the number of credit card legal relationship dispute cases is increasing.From the people’s Bank of China’s document adjustment in the form of liquidated damages after the cancellation of the late payment fine to the system reform of credit card liquidated damages collection within the issuing bank,which leads to great changes in the corresponding judicial precedents.In addition,the power game between the people’s Bank of China and the Ministry of justice of the two State Council departments,the difference of documents issued,making the whole credit card legal relationship dispute cases appear a lawsuit given to the issuing bank by the court.There are many characteristics in the claim,such as different support of liquidated damages,uneven distribution of receiving banks,significant increase in the amount of the subject matter of the case,relatively low service rate and response rate in court,increase in new types of cases,and increase in trial difficulty,As a result,the judicial environment for handling credit card legal relationship disputes has also changed dramatically.Therefore,it is more urgent to find a breakthrough way to solve the domestic credit card disputes.This article combines with specific judicial cases and current laws and regulations,combining with the system of credit card liquidated damages,this paper compares the advantages of overdue fine,in view of the problems encountered in the application of credit card liquidated damages system in civil cases of credit card using and credit card disputes at present,analysis from the basis and theory of credit card default charge.To seek solutions to the problem,and then improve the current domestic credit card default fee collection system.Part one,leading to contract adjustment made by major banks and promoting the evolution of judicial environment with the first case of the central bank’s document and denial of overdue fine,then analyze the difficulties and difficulties in the development of domestic credit card,and lack the construction and design of relevant laws and regulations.Part two,analysis of different judicial approaches to current credit card disputes from the latest judicial cases and the power game of State Council departments.Part three,Other countries and regions of the credit card charging system model.Part four,some reasonable suggestions are put forward from the aspects of legislation,due diligence of banking institutions,The scope of judicial power in financial activities,cardholder’s awareness of rule of law and protection of rights,exploring the way of credit card development and solving the problems in civil cases of credit card disputes...