The Protection Of The Rights And Interests Of Credit Cards Consumers

Credit cards are issued by the issuing banks, according to the creditinformation’s of applicants that can prove the credit of the cardholders, thecardholders can be extracted some level of consumption of charging to an account inthe specially engaged merchants, saving or withdrawing cash as credit vouchers tothe issuing banks. In the United States, the first "credit cards" is issued in1915bythe “Diner Club”. Nowsday, the Visa and MasterCard,two big international groupshave had issued credit cards all over the world.Credit cards have become animportant tools of paying and settling accounts widely.In our country, credit cards are issued by the commercial banks or otherfinancial institutions to individuals or units, generally the issuing banks orinstitutions have signed the specially engaged merchants,allowing the consumers togo shopping or consumption, to access cash to the bank or institutions. The form ofthe credit cards are specially made normally by the banks,above its frontage with theissuing bank name, the period of validity, the cardholder’s name,cards numbersbelow the backage with a magnetic stripe, the signature of the cardholder. Theefficient and convenient of the credit cards play an important role in market economy, improving transaction efficiency, saving kinds of costs for consumers.In China, most of the contracts between the banks(institutions) and the cardsapplicants are mainly made up of the standard terms(or format terms).It could beapplied repeat and made by the bank individually which determine the credits cardsapplicants statue, that is to say, the cards applicants have to accept all terms ornot.For the banks(institutions),it takes the advantaged position of formulation andinterpretation the contracts, while the credit cards consumers, they can’t negotiatebut bearing the adverse consequences, like their privacy being violated. In this paper,in the perspective of the standard terms of the bank credit contracts, by defining theconception of the credit cards consumers, clarifying their rights and interests in orderto protect them.On the ground of studying the theoretical research of scholars and lots ofrelevant practice cases. With the reference of credit cards consumers laws and rulesin the United States, putting forward to protecting the rights and interests of creditcards consumers on legal level. In this paper, in addition to this paper, mainlyincludes four parts: The first part mainly discusses the basic theory of the protectionof the rights and interests of credit cards consumers. First of all, to define the conceptof credit cards consumers and the credit consumption, to distinguish the differencebetween consumers and credit cards consumers, illustrates the necessity andimportance of protection the rights and interests of credit cards consumers. Thesecond part is the problem of the protection of the rights and interests of credit cardsconsumers in our country,according to the standard terms.First of all, defining theconcept and characteristics of the credit cards contracts.Defines the conception offormat terms, and the analysis of the pros and cons, the problems in credit cardsformat clauses in the contract, and the existing unduly protection problems of therights and interests of credit cards consumers.The third part is mainly about thelegislations of the United States and the rules of the major international organizations,related to rights and interests protection of credit cards consumers.After balancingthe legal relationship of the three parts, the basic value orientation of legislation isfocusing on the protection of the rights and interests of the credit cards consumers which can be proved in several chapters from the laws and regulations of the UnitedStates and the relevant provisions of the international group regulations. The fourthpart is mainly about how to perfect the protection of the rights and interests of ourcountry credit cards consumers,to make several suggestions and advices.First of all,on the level of the legislative part,the main way is to establish the uniform andspecial law for the credit cards consumers,according to the development of thepresent of our country’s credit cards,combining with the legal legislations of theforeign country experience of the protection of the rights and interests of the creditcards consumers. Secondly, aiming to establish the personal credit system in theissuing banks in order to making the procedural more perfect.The innovation of this article is putting forward to establishing an unified andspecial protection of the credit cards consumers law, making the standard terms ofthe credit contracts more reasonable. Mainly to protect the rights and interests of thecredit cards consumers, so as to perfect the construction of the legal system of theorder of the economic market.