信用卡持卡人权益的民法保护

发布时间：2018-10-04 20:09

【摘要】：信用卡是近年来在我国应用十分广泛的一种支付工具。由于其具有可透支资金消费,安全便捷等优点,不仅丰富了人们的消费方式,而且能够刺激潜在的消费需求,进而促进商品经济发展。所以越来越多的人开始选用信用卡这种支付方式。但是,信用卡同时还具有虚拟性、电子性等特点,信用卡交易过程存在诸多风险。持卡人与信用卡法律关系中其他主体相比处于相对弱势的地位,权益很容易受到侵害。从当前各国的立法实践看,均有出台相关法律对持卡人的权益进行特殊保护。鉴于此,本文围绕信用卡持卡人权益保护问题,分四个部分进行了论述,首先对信用卡的概念和基础理论进行简要的介绍,对信用卡主体之间既相对独立又彼此牵连的法律关系有一个初步的了解,为下文的分析奠定基础。其次,分别对持卡人知情权保护问题,信用卡盗刷案件中,持卡人资金安全保护问题以及信用卡消费过程中,持卡人对于瑕疵商品或服务的抗辩权问题进行探讨。通过对近年来发生的经典判例进行总结,分析我国的现行法律规定及司法实践中对持卡人权益保护存在的不足,同时借鉴外国的相关立法经验以及制度设计。通过对上述三个问题的探讨,以期能够从民法角度提出保护持卡人权益的可行性建议,保障信用卡行业的稳定健康发展。
[Abstract]:Credit card is a kind of payment tool which is widely used in our country in recent years. Because of its advantages of overdraft fund consumption, safety and convenience, it not only enriches people's consumption mode, but also stimulates the potential consumption demand and promotes the development of commodity economy. As a result, more and more people are choosing credit cards as a form of payment. However, credit card also has the characteristics of fictitious, electronic and so on. There are many risks in the process of credit card transaction. Cardholders are in a relatively weak position compared with other subjects in credit card legal relations, and their rights and interests are vulnerable to infringement. From the current legislative practice in various countries, there are relevant laws to protect the rights and interests of cardholders. In view of this, this paper focuses on the protection of the rights and interests of credit card holders, which is divided into four parts. Firstly, the concept and basic theory of credit card are briefly introduced. There is a preliminary understanding of the legal relationship between credit card subjects, which is relatively independent and implicated with each other, which lays a foundation for the analysis below. Secondly, the paper discusses the protection of cardholder's right to know, the security of credit card holder's funds in the case of credit card theft, and the right to defend the defective goods or services in the process of credit card consumption. Through summing up the classical cases in recent years, this paper analyzes the current laws and regulations of our country and the deficiencies in the protection of the rights and interests of cardholders in judicial practice, and at the same time draws lessons from the relevant legislative experience of foreign countries and the design of the system. Through the discussion of the above three problems, the author hopes to put forward the feasible suggestions to protect the rights and interests of cardholders from the angle of civil law, and to ensure the steady and healthy development of the credit card industry.
【学位授予单位】：哈尔滨商业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923

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