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Road from the legal system of offshore credit card credit card legislation in China

Author: WangFengYun
Tutor: WeiJingZuo
School: China University of Political Science
Course: Economic Law
Keywords: Credit card Legal relationship The legal system
CLC: D922.28
Type: Master's thesis
Year: 2008
Downloads: 419
Quote: 6
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Abstract

Credit card as a new payment instruments and credit instruments is the product of the combination of modern science and technology and the market economy activities, and its payment and settlement, consumer credit, and easy to use features, widely welcomed by consumers. Credit cards are being gradually into the homes of ordinary people in everyday life, the scale of the credit card market is expanding rapidly. At the same time, however, the legal regulation of the credit card is far behind the rapid development of the credit card business. Our current credit card legislation is lagging behind, the law is inadequate, leading to the occurrence of a large number of credit card legal disputes, that is, damage the legitimate rights and interests of the cardholder, to a certain extent, causing the waste of judicial resources in China. Meanwhile, with the modernization of China's financial and electronic degrees of increasing use of credit cards to carry out criminal activities are more and more, the means are becoming increasingly diverse, complex, intelligent, greatly damaged the credibility of the credit card on China The stability of the financial order. December 11, 2006, released by the State Council, People's Republic of China on foreign banks Ordinance formally implemented, China's financial market is fully opened. The face of the competition of foreign banks in the credit card industry, China's urgent need to build the perfect credit card legal system in line with China's legal environment with the world to protect the healthy development of the credit card business. Therefore, by drawing from outside the mature experience of credit card legislation, for our credit card legislation to provide some suggestions. This article is divided into five parts. The first part is an overview of the credit card. This section describes the credit card of the origin, development, concept, function and legal nature, and through comparative analysis with bank cards, securities, notes, the concept of credit cards more clearly revealed. The second part is the introduction of the credit card legal relationship. This part of the legal relationship between parties - cardholders, card issuers, merchants, credit card business analysis, the rights and obligations, and they were discussed. The third part is to analyze the status of the legal system of our credit card problems, and come out of the need for credit card special legislation. This section systematically expounded China's current credit card laws and regulations, lack of the legal system of China's current credit card: the legislative level, the lack of systematic, inadequate protection of the legitimate rights and interests of the cardholder, the lack of a complete personal credit legal system. Then proposed the necessity of special legislation of our credit card. The fourth part of the Comparative Study of the legal system for foreign credit card. Some of the major credit card-related legislation in the United States, Britain, France and Japan were analyzed and compared. From foreign legislative practice, the credit card a sound legal system, personal credit of the country's legal system are more perfect, which is conducive to the card issuers extended credit card business credit risk reduction. The same time, these countries generally have a Consumer Credit Protection Act, reflects the law on consumer protection, and easy for consumers can quickly pick up a direct legal weapons for self-sufficient protection in the judicial practice. Finally, by comparing the analysis concluded that: the improvement of the credit card law can not be separated from a country improve personal credit system. The practice of offshore credit card legislation provides a useful reference for our credit card legislation. The fifth part of the test structure of the credit card of the legal system in China. This section is to learn from outside the mature experience of credit card legislation on the basis of, for China's specific national conditions, China's credit card legislation a preliminary design. First proposed the general idea of ??the credit card legislation: to protect the legitimate rights and interests of the credit card holders, and to strengthen the control of financial risks, maintain the stability of the market economic order, with international standards, international economic integration, extended family. Finally, our credit card legislation specific measures: the enactment of the Credit Card Act, establish and perfect the legal system of personal credit, and to formulate a unified credit card business practices, improve the credit card crime legislation.

Road from the legal system of offshore credit card credit card legislation in China

Abstract

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