Analysis Of Credit Card Overdue Responsibility Determination

Changes in residents’ consumption concepts have promoted the upgrade of credit card consumption and the prosperity of the credit card industry.However,in recent years,there have been frequent civil lawsuits caused by credit card overdue repayments.Cardholders have argued that a slight overdue payment has resulted in abnormally high interest rates.The main reasons are unreasonable interest calculation methods for credit card overdue repayments,recalculation of some responsibilities,excessive standards,etc.The ambiguous laws and regulations have caused the court to have no uniform judgment standards for civil credit card cases in judicial practice,especially in the determination of overdue payment obligations after credit card overdraft consumption,which is obviously not conducive to the protection of credit card financial consumers and the vigorous development of the credit card industry.This article will analyze the causes of disputes in credit card cases.And determine the reasonable repayment liability limit in credit card cases.In the end,the author provided opinions for the judge of disputes over credit card overdue repayment.In addition to the introduction and concluding remarks,this article consists of three parts.The first part is "Case introduction and focus issues".This section introduces the basic situation of Li Xiaodong case,Wang Daliang case and Tang Jiyuesheng case.It also introduces the focus of disputes in the three cases,the analysis and results of the referee and the common focus of disputes.The second part is "legal analysis".In this section,we focus on the issue of determining credit card overdue repayment through three issues.First,we have defined the responsibilities of credit card holders for overdue repayment,and we also analyzed the legal nature of each responsibility.We conclude that in the relevant jurisprudence,there is double calculation of credit card penalty and compound interest,and the court should not simultaneously determine.Second,we analyze whether the full interest calculation method is reasonable and compare the difference between credit card full interest calculation and difference interest calculation.All this proves that the full interest calculation method is unreasonable.Third,we analyze the issue of credit card liability limits.We prove that The court should limit the credit card overdue liability determination because it is unreasonable.We should refine the disclosure of credit card information and increase the bank ’s obligation to implement risk education.The third part is "recommendations".In this section,we will make suggestions for the problems in the case.First of all,we set the pre-conditions for both credit card penalty and compound interest.We can change the credit card penalty calculation formula to reduce the penalty for penalties.We can also perfect unreasonable full interest calculation method and increase the issuer’s risk education obligations.Second,We should refine the credit card information disclosure mechanism and limit the determination of excessive overdue repayment obligations.We should set a total upper limit for credit card overdue liability determination.We should also set the credit card adaptive interest rate and the number of periods for liquidated damages.We hope to provide uniform determination standards for judicial judgments of judicial organs and promote the settlement of credit card overdue disputes.While complying with the requirements of the national financial reform,it protects consumers’ legal rights and promotes the development of the credit card industry.