我国信用卡收费制度的法律完善
发布时间：2018-09-13 06:59
【摘要】：信用卡的出现给人们带来许多便利,日常生活中人们可以使用信用卡透支消费,它给人们带来便利的同时,也给人们带来新的问题与挑战。为了互联网产业更为健康、有序、长远的发展,首先必须保护好金融消费者的合法权益。本文以信用卡收费的基础法律问题为切入点,针对信用卡收费制度存在的法律问题进行分析,提出相关建议。本文按照提出问题、解决问题的思路进行论述,具体而言,本文共有四部分,分别是:第一部分主要介绍信用卡收费制度的基础问题。分为四个方面:首先,基于商业银行“商业性”和“公共性”性质探讨信用卡收费制度,得出信用卡收费及规避其不合理收费的理论来源;其次,介绍信用卡的主要法律关系,包括信用卡法律关系的主体以及发卡行与持卡人之间的法律关系,并对此对法律关系进行重点介绍。其次,介绍信用卡收费的特点,其是一项基于信用卡合同的民事请求权且部分信用卡收费受国家行政调控,同时存在持卡人对服务收费与收费合理性无法量化衡量、收费种类较多等问题。第二部分主要是分析问题。以信用卡收费纠纷多为依托,总结出在我国信用卡收费制度存在的不足之处,共归纳为四点:一是信用卡立法体系缺陷,主要指立法缺乏系统性、立法规制不完善等问题;二是信用卡发卡人滥用优势地位,主要指出存在发卡人出具格式条款存在不公平、信息披露程度不充分等问题;三是介绍信用卡收费存在的不合理情形,主要指全额罚息、溢缴款提现收费、违约金、复利及还款顺序不同给持卡人带来的影响等问题。第三部分主要是域外经验的借鉴。本文主要介绍美国和台湾信用卡收费立法制度及实践经验。所介绍内容主要是以上述问题的解决为落脚点。第四部分主要针对第二部分提出的三大问题提出解决问题的法律意见。本文提出下列四方面的建议,以完善信用卡收费制度,具体内容包括:一是健全信用卡收费的法律体系,包括制定专门的信用卡法律、完善收费定价法律、加强消费者的立法等;二是严格信用卡收费信息的披露制度;三是引入信用卡收费听证程序;四是优化纠纷解决机制,包括建立消费者投诉数据库、推广仲裁解决方式。
[Abstract]:The emergence of credit cards has brought many conveniences to people. People can use credit cards for overdraft consumption in daily life. It brings convenience to people, but also brings new problems and challenges to people. In order to make the Internet industry more healthy, orderly and long-term development, we must first protect the legitimate rights and interests of financial consumers. The basic legal issues of credit card charges as a starting point, in view of the legal problems existing in the credit card charges system are analyzed, and relevant suggestions are put forward.This paper discusses the problems in accordance with the ideas to solve the problems, specifically, this paper has four parts, respectively: the first part mainly introduces the basic problems of credit card charges system. Firstly, based on the commercial and public nature of commercial banks, this paper discusses the credit card charging system, and obtains the theoretical sources of credit card charging and avoiding its unreasonable charges; secondly, it introduces the main legal relationship of credit card, including the main legal relationship of credit card and the legal relationship between the issuing bank and the cardholder. Secondly, it introduces the characteristics of credit card charges, which are civil claims based on credit card contracts and some credit card charges are regulated by the state administration. At the same time, there are problems such as the cardholder can not quantify the rationality of service charges and charges, and there are many types of charges. Based on the disputes over credit card charges, this paper summarizes the shortcomings of the credit card charges system in China, which can be summarized into four points: first, the defects of the credit card legislation system, mainly refers to the lack of systematic legislation and imperfect legislative regulation; second, the abuse of the dominant position of credit card issuers, mainly pointing out the existence of credit card issuers. Third, it introduces the unreasonable situation of credit card charges, mainly refers to the full penalty, overpayment cash charges, liquidated damages, compound interest and the influence of different order of repayment on cardholders. The legislative system and practical experience of credit card charges in the United States and Taiwan are introduced. The content of this paper mainly focuses on the solution of the above problems. The fourth part mainly focuses on the legal opinions of solving the three major problems raised in the second part. One is to improve the legal system of credit card charges, including the enactment of special credit card laws, the improvement of pricing laws, and the strengthening of consumer legislation; the second is to strictly disclose the information of credit card charges; the third is to introduce credit card charges hearing procedures; the fourth is to optimize the dispute resolution mechanism, including the establishment of consumer complaints database, promotion of Zhong. Tailor solutions.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.28
本文编号：2240417
[Abstract]:The emergence of credit cards has brought many conveniences to people. People can use credit cards for overdraft consumption in daily life. It brings convenience to people, but also brings new problems and challenges to people. In order to make the Internet industry more healthy, orderly and long-term development, we must first protect the legitimate rights and interests of financial consumers. The basic legal issues of credit card charges as a starting point, in view of the legal problems existing in the credit card charges system are analyzed, and relevant suggestions are put forward.This paper discusses the problems in accordance with the ideas to solve the problems, specifically, this paper has four parts, respectively: the first part mainly introduces the basic problems of credit card charges system. Firstly, based on the commercial and public nature of commercial banks, this paper discusses the credit card charging system, and obtains the theoretical sources of credit card charging and avoiding its unreasonable charges; secondly, it introduces the main legal relationship of credit card, including the main legal relationship of credit card and the legal relationship between the issuing bank and the cardholder. Secondly, it introduces the characteristics of credit card charges, which are civil claims based on credit card contracts and some credit card charges are regulated by the state administration. At the same time, there are problems such as the cardholder can not quantify the rationality of service charges and charges, and there are many types of charges. Based on the disputes over credit card charges, this paper summarizes the shortcomings of the credit card charges system in China, which can be summarized into four points: first, the defects of the credit card legislation system, mainly refers to the lack of systematic legislation and imperfect legislative regulation; second, the abuse of the dominant position of credit card issuers, mainly pointing out the existence of credit card issuers. Third, it introduces the unreasonable situation of credit card charges, mainly refers to the full penalty, overpayment cash charges, liquidated damages, compound interest and the influence of different order of repayment on cardholders. The legislative system and practical experience of credit card charges in the United States and Taiwan are introduced. The content of this paper mainly focuses on the solution of the above problems. The fourth part mainly focuses on the legal opinions of solving the three major problems raised in the second part. One is to improve the legal system of credit card charges, including the enactment of special credit card laws, the improvement of pricing laws, and the strengthening of consumer legislation; the second is to strictly disclose the information of credit card charges; the third is to introduce credit card charges hearing procedures; the fourth is to optimize the dispute resolution mechanism, including the establishment of consumer complaints database, promotion of Zhong. Tailor solutions.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.28
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