The Legal Risk Of Fraudulent Use Of Credit Cards And Prevention Measures

Credit cards, as a commonly used means of payment in the modern economic society, is by the commercial Banks or other financial institutions to launch the collection of the credit and consumption characteristics of the new payment tool. As one of the most important in the field of modern financial credentials, credit credit card since its the expo will get of broad consumer love. Credit card can pay market, with its simple, shortcut, in advance, the advantages of safety, its emergence and development is to drive innovation and innovation of the financial market consumption, more lead to high-end financial economy and vast, integrate with the world market. But as the credit card is dealt with in order to expand the market share a lot of issue credit cards, bank cardsaudiences increasingly, disputes about the crime of credit card and also increasingly frequent, become a hot issue. In various disputes, credit cardsand using the most common, become the concern of people. Are the main reasons why after the credit card is used, if the public security organs can’t timely find fraudulent, banking and credit card cardholder who for the loss caused by the credit card is often bear the odds. However the domestic legal regulations about credit card using the civil liability is a big shortage, not only detailed clear the two sides should bear civil liability, and the provisions of the format terms for bank apparent tend to protect the interests of financial institutions. Practice, connection with different phenomenon occurs frequently, card issuers, cardholders and merchants of engage by special arrangement about responsibility mutual shuffle. Therefore, how to fill a blank in legislation, fair share the credit card used civil liability, is the article mainly discussed.This article mainly starts with the definition and characteristics of credit card, after simple carding on the stage of development of credit card, credit card is analyzed in detail from three characteristics of the debit card, overdraw, interest-free repayment and revolving credit. In view of the analysis of the text of the credit card contract, reveals the credit card is the essence of format terms of the contract. From the viewpoint of contract law are the most authoritative theory, expounds the law of credit card is card issuers, cardholders and merchants of engage by special arrangement. In front of the credit card is dealt with, between card issuers and specially engaged on credit card business to accept a credit card business to accept the contract. Credit card is dealt with, the cardholder sign a credit card with card issuers recipients articles of association. Credit cardsin circulation, the cardholder and special merchants signed the sales contract. Credit card law subject between rights and obligations are determined by the above contract. Among them, the cardholder shall have the obligation to properly keep passwords and bank safekeeping, special merchants should fulfill the duty of careful review bill of card issuers should fulfill the specially engaged in the professional credit card knowledge training, the obligation to report the loss of bank card immediately freeze. Articles and then analyze the form of credit card use, the issue of using a series of explanation. Through in-depth analysis of the fault offset principle works in the credit card contract, from the basic jurisprudence, it analyzes the credit card law subject the cardholder, card issuers and specially engaged in the credit card used should be based on their respective assume corresponding civil liability to use the size of the fault. Conclusion sums up the domestic law of credit card use deficiency, lack of professional and systematic pointed out that in the credit card laws and regulations, and the current law will responsibility division of powers devolved to Banks, less attention to the cardholder rights and interests, and such problems as lack of responsibility for contributing institutions. Through to the United States, Japan, Germany and other countries the introduction of the advanced experience of management of credit card, reference Suggestions in the future legislation in developed countries such as legal system of credit card. Finally, in the end from the perfect credit mechanism, accelerate the legislation construction, strengthen the consciousness of risk prevention and improve the supervision of financial regulators four aspects for credit card use the legal risk prevention and control of the feasible solutions and Suggestions.