Research On The Legal Protection Of Holder Right In Credit Card

In recent years, credit card has been increasingly embraced due to itsconvenience and safety, therefore the credit card business in our country developsvery dramatically. However, being different from the above situations, rights of creditcard consumers are not protected effectively and sufficiently, the legitimate rights andinterests of the cardholder are always infringed by the issuing bank which uses itsdominance in the different stages of the credit card. On one hand, from theperspective of the basic spirit of the law, protecting the legitimate rights and interestsof consumers and the disadvantaged in the unequal status of situations to realize thesubstantial justice is one of the basic connotations in the formulation andimplementation law. On the other hand, consumers (card holders) are deemed as thefoundation of the market economy, i.e. the protection of the rights and interests of theconsumers will support the establishment and operation of the market economy.However, the sacrifice of the legitimate interests of the consumers for short-termprofits will eventually lead to the collapse of confidence in the market, and even willdamage the development of credit card business. Therefore, it is imperative to protectthe lawful rights and interests of cardholders. So the core this article will discuss ishow to protect the lawful rights and interests of cardholders.Besides the preface and the conclusion, this thesis is divided into four parts. Thefirst part introduces the definition and nature of the credit card contract, and thenbased on the credit card contract, the thesis analyzes the legal relationships betweenthe parties and the legitimate rights and interests of cardholders. The second partdiscusses the cardholders’ rights and interests including the application, awarding thecontract and transaction,and point out the problem existing in the protection of thecardholder’s rights and interests, i.e. the protection of personal information, cardholder’s right to know, the distribution of transaction risk in the process ofunauthorized use of credit card and the interrupt of cardholder’s right of defense. Thethird part mainly analyzes the law of credit card in some developed countries andregions. The fourth part discusses the innovational solutions to the protection ofcredit card holder’s rights and interests, i.e. balancing the responsibilities between theissuers and cardholders, protecting and respecting the cardholder’s right to know atall levels and at the different stages, allocating the trading risk reasonably, resumingthe interrupt of cardholder’s right of defense and preventing cardholder’s transactionrisk.