信用卡上持卡人与发卡机构间法律关系之理论与实务探析

The Study of Legal Relation and Dissensions of Credit Card

信用卡作为一种新型的电子服务产品,在我国日益普及。但随着信用卡业务的迅速扩大,信用卡使用的风险和纠纷日益增多。如何认识和处理信用卡使用引发的纠纷,是当前信用卡法律实务中面临的重要问题。本文通过分析持卡人与发卡机构间的法律关系,为相关信用卡纠纷的解决奠定理论基础,在此基础上对信用卡实务中典型的纠纷类型及其因应之道提出见解,目的在于促进信用卡的良性发展,逐步建立一个有法可依的成熟、完备的信用卡法律制度体系。

As a new type of electronic service production , the credit card has been used in a lot of fields in China. However, as the operation of credit card extending rapidly, more and more risks and dissensions also come into being. It is very important to know clearly about the dissensions and deal them properly. By analyzing the legal relationship between the credit card issuers and cardholders, this paper is supposed to establish a theory foundation for the settlement of the credit card dissensions, and to bring forward advices on how to deal with the typical credit card dissensions. By making efforts from the above aspects,we hope to advance the credit system development well, and to set up a perfect legal system of credit card gradually.