Study On The Judicial Determination Of Credit Card Default Liability

In recent years,the number of credit card dispute cases shows a trend of large,fast growth and high proportion,and the types of cases are becoming more and more abundant.However,the effectiveness level of financial case law application in China is low,and the related content is quite limited.In judicial practice,there are some differences in the judgment standards of courts around the determination of credit card liability for breach of contract,this causes different judgments in the same case.Based on the judicial cases of credit card disputes,this paper analyzes and compares the judgment standards of the judicial determination of liability for breach of contract and finds that there are problems in the judicial determination of credit card dispute cases in the notice of liquidated damages,interest calculation rules and other aspects.On this basis,from the perspective of judicial cognizance of the referee path,the paper discusses different factors affecting judicial determination,with the layer by layer advance analysis of legal focus,legal technology,legal basis,legal thinking and other aspects.In this way,the judgment path and rules in the judicial practice of credit card liability for breach of contract are further summarized in order to provide a direction for further promoting the accuracy of judicial determination.On the basis of the above-mentioned discovery of the problem and analysis of the reasons,the significance and rationality of solving the problem are proposed.By drawing lessons from domestic advanced demonstration and foreign experience,and starting from the significance of judicial practice,the paper puts forward some suggestions to solve the problems in the aspects of improving the judicial path regulation and optimizing the judicial trial mechanism,to unify the judgment standards,standardize and resolve systemic financial risks.The legal focus,legal rules and legal thinking behind the judicial determination of credit card liability for breach of contract are closely related to the reform of China’s financial system.Only by carefully examining the effectiveness of the judicial determination in practice can we truly enhance the credibility of financial justice and promote the healthy development of the financial market.