Research On The Interpretation Rules Of The Credit Card Contract Of Standard Terms

The interpretation of credit card contract standard terms in our country is based on the theory of interest balancing in Japanese civil law,which consider the interpretation of law and contract.Finally,we can get a reasonable conclusion by reconciling various interests of parties and selecting value of applicable laws and regulations.When applying the existing system of interpretation rules in China to interpret the terms of the credit card contract of standard terms,there are not only legislative deficiencies,but also inconsistent judicial precedents and irregularities in the interpretation of the banking industry itself,which have led to the court's determination of bias.Therefore,when interpreting the standard terms of credit card contract,this article proposes that German law and American law can be learned,including voluntary act can not be reformed by standard terms in German law and reasonable standard in American law.Based on the interpretation object of credit card contract,reasonable standard can be used to interpret the meaning of the standard terms on credit card contract so that parties are treated alike all those similarly situated.As the internal product forming the code of conduct,Usage of trade in the banking industry is supplementing interpretation to avoid the abstraction of contract law.At the same time,in order to accord consistent judgments to similar cases,it's necessary to restrict the application of analogy to other standard clauses of credit card contract,and to consider learning the stare decisis to include legal factors,such as evident rules and procedural law.Thus,in this way can the interpretation of standard terms of credit card contract achieve the ultimate goal of balance of parties' interests.