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On the credit card law relationship and its risk

Author: XuLiHong
Tutor: ChenZhiDong
School: Fudan University
Course: Legal
Keywords: Credit card Legal relationship Risk Accountability
CLC: F832.2
Type: Master's thesis
Year: 2010
Downloads: 116
Quote: 0
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Abstract

Since 1985, the Bank of China issued the first credit card in China, domestic banks always continue to explore and seek their own development path. 1999, the People's Bank of China promulgated and implemented the \no longer strangers, these are announced with the credit card era has arrived. China's credit card business is still in its infancy, there are obvious deficiencies in the credit card business operation processes, card issuers functions compared with Western countries. The type of credit card disputes not only remain in the bank overdraft arrears ordinary credit and debt disputes recourse to the cardholder, the bank became the defendant's credit card disputes are showing a clear upward trend, and the majority of such cases concentrated in credit card laws and regulations lost and stolen cards is not perfect responsibility identified malicious overdraft credit card overdraft interest rate calculation method, password security, from unauthorized credit card legal responsibility. In credit card access to the courts to seek legal settlement pathway, often a result of the legislation under which the focus of controversy involving not clearly defined and supported by the delays in the court. On the legislative front, the existing dedicated to adjust laws and regulations of the credit card issued by the department of a central bank regulations, the legislative level is too low, and also the rights of the many rights for example, report the loss allocation of risk responsibility delegated to the card issuer to generate bank industry in terms of the King, to some extent, neglected the protection of the consumer is relatively vulnerable groups. On the other hand, personal credit management system is in an embryonic stage. Therefore, in this situation, we must study the credit card of the legal system, to regulate the credit card business, to clear the rights and obligations between the parties, to improve risk management through the regulation of the law. China Credit Card imperfect legal regulation, in many respects, there are still blank, and to prevent trading risk in order to give full play to the function of a credit card, credit card management issues should be included in the legal system. In this paper, through the analysis of the major part of credit card transactions, as well as the legal relationship between the parties, and pointed out that the nature of the credit card transactions. Features; malicious overdraft credit card, fraudulent use of credit cards, ATM transactions abnormal credit card risk and attribution of responsibility to study aimed clear the rights and obligations of the parties in the credit card business, explore effective measures to prevent credit card risk.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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