浅析信用卡法律关系的若干问题

发布时间：2018-05-23 12:38

本文选题：信用卡 + 信用卡交易　；参考：《华东政法大学》2015年硕士论文

【摘要】：随着我国市场经济的发展,信用卡作为一种支付工具,正以快速、便捷、安全的优势在广大消费者群体中迅速晋及,并呈现出逐步取代传统现金交易的方式。然而,我国大陆地区信用卡产业起步于20世纪70年代末,与发达国家相比还存在一定的差距,但宏观近几年的发展,我国已被预为全球最具潜力的信用卡市场。信用卡业务的迅速发展,随之而来的信用卡交易纠纷也层出不穷。一是我国有关信用卡交易的法律法规尚不健全,这远远跟不上信用卡产业的发展速度;二是在信用卡交易过程中,除了信用卡伪冒等交易风险仍居高不下、格式条款的公平性发生质疑外,抗辩切断条件的设计也出现了局限性。大量纠纷的产生,不仅损害了信用卡各方当事人的合法权益,从而也不利于我国金融市场的稳定发展。本文是根据笔者在信用卡中心工作的实践经验为背景,在收集大量客户投诉素材后,经过归纳、整理出一些具有代表性的问题,来分析信用卡交易纠纷过程中,持卡人、发卡机构、特约商户三者之间的法律关系;来探讨提供格式条款的发卡机构在加重持卡人责任时的不合理之处;来研究信用卡伪冒案件中特约商户赔偿责任的认定等。笔者将分四个章节来介绍信用卡概况、信用卡交易当事人之间的法律关系、信用卡交易中存在的若干法律问题、完善我国信用卡法律体系的几点建议。从这四个章节梳理信用卡交易过程中的民商事法律关系,更好的为信用卡业务发展启到推波助澜的积极作用。
[Abstract]:With the development of market economy in China, credit card, as a payment tool, is taking the advantage of rapidity, convenience and security among the broad consumer groups, and has gradually replaced the traditional way of cash transaction. However, the credit card industry in mainland China started at the end of 1970s. Compared with developed countries, there is still a certain gap. However, with the development of macro-credit card in recent years, China has been regarded as the most potential credit card market in the world. With the rapid development of credit card business, the disputes of credit card transaction emerge endlessly. First, the laws and regulations on credit card transactions in our country are still not perfect, which is far from keeping pace with the development of the credit card industry; second, in the process of credit card transactions, in addition to credit card counterfeiting and other transaction risks, the transaction risks remain high. Besides the fairness of the form clause is questioned, the design of the defense cut-off condition also appears the limitation. The emergence of a large number of disputes not only damages the legitimate rights and interests of all parties involved in the credit card, but also is not conducive to the stable development of our financial market. This article is based on the author's practical experience in the credit card center, after collecting a large number of customer complaint materials, through induction, sorting out some representative issues, to analyze the credit card transaction disputes, the cardholder, The legal relationship between the credit card issuer and the special merchant; to explore the unreasonable place of the credit card issuing institution that provides the form clause when increasing the liability of the cardholder; to study the confirmation of the liability of the special merchant in the case of credit card counterfeiting, and so on. The author will divide into four chapters to introduce the credit card general situation, the legal relation between the parties to the credit card transaction, some legal problems existing in the credit card transaction, and some suggestions to perfect the credit card legal system of our country. From these four chapters combing the civil and commercial legal relationship in the process of credit card transactions, it is better for the development of credit card business to promote the positive role.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

【相似文献】