信用卡消费者权益保护法律问题研究.doc

信用卡消费者权益保护法律问题研究 ABSTRACT The development of credit card transactions is very rapid in our country in recent years, but a lot of legal problems have occurred. The reason is that trade caused by credit card holders are a kind of credit consumption, which is different from the general expenditure and has own characteristic, way and right system. So it is inefficient to adjust credit consumption only by general law. Similarly, the credit card holders rights and interests cannot be protected by the traditional consumer protection Legislation. Many countries, especially some developed countries in credit consumption such as America, Australia, extremely take importance on the legislation work of credit consumption and formulate specific law on consumer electronic fund transfer. Moreover, the guarantee for credit card holder’s rights is a basic value tendency in the benefit balance of consumer and the related enterprises by the legislator .We should learn the rules on the protection of individual data privacy, the right to know information, the loss allocation in unauthorized fund transfer, the error resolution as well as the limitations to provision of bank standard form provisions which listed in these laws. There are many problems in our credit consumption legislations, such as low lever effect, poor operational and focus too benefits on own industry. The shortages of existing legal let banks deprive consumers legitimate rights and pass own risk to holders using the standard form provision, which causes many disputes to be unable to solve and affects the development of credit consumption and the credit card industry. So, it is necessary for us to formulate a consumer electronic fund transfer act based on the rights of society and consumer. Many aspects including the rights of personal information privacy and einrede to standard form provision, the liability of banking information disclosure, the procedure to correct mistake and allocating the risk of loss for unauthor