Civil Legal Issues Of Unauthorized Use Of Credit Card

The convenience and functional diversity of credit cards have adapted to the rapid development of modern economy and gradually become one of the main carriers in the field of financial circulation.Credit cards bring great convenience to people's lives,but at the same time,the amount of unauthorized use of credit card caused by various factors are rising up year by year,the legal disputes related to unauthorized use of credit card are also increasing year by year.However,the current laws and regulations on unauthorized use of credit card are relatively few,and the legislation is relatively lagging behind.Therefore,when judges adjudge cases of unauthorized use of credit card,the judgments often depend on the judges'personal understanding of the facts and the legal provisions invoked.Therefore,the judgments involving same types of disputes are quite different.This paper compare the practise of unauthorized use of credit card as a starting point,through the theory and law,we analyse the dilemma of unauthorized use of credit card in china and try to make some significant proposals on this basis.In addition to the introduction and conclusion,this paper is divided into four chapters.Chapter one analyzes the definition of unauthorized use of credit card and the legal relationship of the main parties of credit card transactions in detail,which matters the rights and liabilities and whether the parties could be the liability subjects in the same case.In chapter two,we study on the status and reasons of unauthorized use of credit card and several cases of unauthorized use of credit card in 2018 in China.We can see that the court's decision allocation criteria is the party's obiligation,but there are no certain rules about principles of assuming responsibility and burden of proof.Then analyzes the legal dilemma of unauthorized use of credit card,including the lag of relevant legislation and cases,the unclear principles of assuming responsibility and diverse judgement of cases about unauthorized use of credit card.The author believes that the primary cause to the dilemma is the ambiguous laws and regulations of principles of assuming responsibility,which leads to the uncertainty of justice.Chapter three mainly analyzes the relevant civil laws of credit card in mainland of China and relevant justice system of Taiwan,also in foreign counties,attemping to cover the shortage of civil laws in mainland of China.Chapter four references and puts forward relevant countermeasures to the civil legal problems that plague China's unauthorized use of credit card,as well as measures that main parties of credit card should take,such as improving credit card legal system,formulating clear principles of assuming responsibility and civil and criminal issues,defining the effectiveness of credit card contract terms.The author makes proposals mainly about reliability subject,principles of assuming responsibility,burden of proof and maximum loss of cardholders.In China,credit cards,debit cards,cash and network third-party payment are currently the mainstream mode of payment.To study and analyze the problem of unauthorized use of credit card,to clarify the responsibility of unauthorized use of credit card,and to improve the management and control mechanism of unauthorized use of credit card will help to unify the trial standards of unauthorized use of credit card cases and help to broaden the legal issues of China's judicial and theoretical circles for such unauthorized use of credit card.It is also helpful to popularize and guarantee the extensive use of credit cards,and it is of great significance to promote the financial security and ensure the healthy development of our economy.