Research On The Problem Of Civil Liability For Unauthorized Use Of Credit Cards

With the development of the credit card and the quantity of the credit card holders, the credit card, as a means of payment, plays an important role in people’s consumption of life. Following the growth of the credit card, it also brings more and more conflicts of interest and legal disputes among the credit card parties, especially the civil liability of fraudulent use of credit cards. This paper mainly focuses on who should bear the civil liability unauthorized use of the card.According to the structure, besides the introduction and conclusion, the whole paper is divided into the following three sections:The first part of this thesis is the overview of credit card. This chapter mainly introduces the concept of credit card, the function of credit card, the subject of credit card transactions and the transaction process.The second part analyzes the legal relationship among the parties in the practice of credit card. This is the basis of formulating the problems and prospecting the views here. To clear the civil disputes of credit card, we must first clarify the civil legal relations between the parties in credit card transaction. And scholars still have different views on who are the parties in credit card transaction and what are their nature of legal relations. But this paper thinks that the parallelogram law relationship is more reasonable. Then selective analyzes the legal relationship between the cardholder and the card issuing bank, the issuing bank and the merchant, cardholders and the merchant. The nature of legal relationship determines the distribution of rights and obligations between subjects.The third part is this article key point. This chapter is unauthorized use of the credit cart and civil liability. Through the analysis of the unauthorized use of the credit cart and the identification of the nature of civil liability, explain the card transaction subject of civil liability.The last part is the conclusion, this part carries on the summary to the paper. And point out that the imperfect credit system has to be the important restriction factor that affected the economical development and the market advancement in our country.