信用消费中消费者权益保护法律问题探讨

发布时间：2018-03-24 19:42

本文选题：信用消费　切入点：消费者权益　出处：《江西财经大学》2015年硕士论文

【摘要】：信用消费的出现源自于信用经济的发展。在信用消费当中,最基本前提是消费者必须具有一定的信用基础并具有稳定的收入来源,在此基础之上由金融机构先为代付,而消费者根据期限要求按时将代付款归还的情形。较之于我们常见的消费模式,两者实现的基础不同,前者是基于信用和预期收入之上的消费,属于超前消费,而后者则是基于个人当前财产之上的消费。而对于信用消费而言,其基本特征除了超前消费外,就是资金信贷,两者实现了较好的结合,有助于拉动消费需求,能够极大的推动我国经济的可持续发展。就权利义务构造而言,信用消费权利义务双方一方为消费者,另一方则为收信方,所针对的事项就是消费者的还款行为,消费者只有拥有了知情权等相关权力,并有相关的破产制度保护,自身的权益才能有保障。此外,信用消费者要想更好的达到维权的目的,还要加强对授信方的监管力度,保证其能够按规定履行信息披露和告知义务,同时国家要在政策上给予大力支持,推动建立相应的征信体系。不仅如此,信用消费者目前很难维护自己的合法权益,所以必须要结合我国的实际建立起相应的救济制度。本文的研究是在当前我国缺乏合理有序的消费理念且信用卡业务发展还不够成熟的情况下,根据刑法应当按照谦抑性原则对信用卡恶意透支情况进行处理,对入罪进行公正合理的判定,并关注设定出罪情节；另外,我国只有建立起针对信用消费的法律,才能够使信用消费获得长足的发展,信用消费者的合法权益才能得以更好的维护。这就是本文的创新点所在。
[Abstract]:The emergence of credit consumption originates from the development of credit economy. In credit consumption, the most basic premise is that consumers must have a certain credit basis and a stable source of income, and on this basis, the financial institutions will pay on their behalf first. In contrast to our usual consumption patterns, the basis for the realization of the two is different. The former is based on consumption based on credit and expected income, and belongs to advanced consumption. And the latter is based on personal current property consumption. And for credit consumption, its basic characteristics, in addition to leading consumption, are capital credit. The two have achieved a better combination, which helps to stimulate consumer demand. It can greatly promote the sustainable development of China's economy. In terms of the structure of rights and obligations, both sides of the credit consumption rights and obligations are consumers, and the other side is the credit recipients. What is aimed at is the repayment behavior of consumers. Only if consumers have the right to know and other relevant rights and powers, and have the relevant bankruptcy system to protect, can their own rights and interests be safeguarded. In addition, if the credit consumers want to better achieve the purpose of safeguarding their rights, they should also strengthen the supervision and control of the creditworthy parties. To ensure that they can fulfill their information disclosure and disclosure obligations in accordance with regulations, and at the same time, the state should give strong policy support to promote the establishment of a corresponding credit information system. Moreover, it is very difficult for credit consumers to safeguard their legitimate rights and interests at present. Therefore, it is necessary to establish a corresponding relief system based on the reality of our country. The research in this paper is based on the lack of reasonable and orderly consumption concept in our country and the fact that the development of credit card business is not mature enough. According to the criminal law, the malicious overdraft of credit card should be dealt with according to the principle of modesty, the conviction should be judged fairly and reasonably, and the circumstances of the crime should be set up. In addition, only the law for credit consumption can be established in our country. In order to make the credit consumption develop rapidly, the legitimate rights and interests of the credit consumers can be better maintained. This is the innovation of this paper.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8

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