| Summary: | 碩士 === 東吳大學 === 法律學系 === 99 === Credit card is the most commonly used payment method to replace the cash payment in everyday life. However, this payment method also generates many legal disputes such as improper marketing and illegal debt colletion which cause many problems of consumer protection. All the above problems not only impact the rights of credit card holders but also have become the main focuses of financial supervision. The supervisory institutions should use their power to regulate credit card industry institutions and protect the credit card consumers in advance by proper supervision tools and methods. By doing so, the financial supervision can decrease the legal disputes effectively. This reseach investigates the legal relationship and financial supervision on credit card and put forward the feasible directions of amending the law, hoping to establish an effective financial supervision of credit law and the protection of consumer interests and to reduce the legal disputes between the credit card industry and consumers.
Based on the above study, this research starts from the concept of credit card industry by the introduction of modern practical operation of the credit card industry structure and the credit card transactions.which are the basis for further analysis because of the differences between credit card transactions and traditional sales in cash trading patterns. And then this research will analyze how the concept of traditional sales contract can be used to explain the legal relationships among the transaction parties. Moreover, this research also uses the qualitative analysis to define the legal relationship among the parties. Based on the defined legal relations, the controversial issues in civil law can be derived from and summarized such as the adjustment of the credit limit, the right to block the extention of consumers’ disputes with merchants, personal information leakage and improper debt collection, etc. Through the doctrines, the collection of judgments, and administrative handling opinions, the research can analyze theoretical and practical actions on the relevant issues of credit card industry. Furthermore, the study discusses credit card related laws and administrative supervision system with supervision tools and methods, and explains the major credit card supervisory measures.
At the end, the study compiled the results to popose conclusions and recommendations on how future implelmentations for credit card industry supervision as amending the law to achieve stability of credit card industry development and the protection of credit card holders.
Key Words：
credit card contract, card holders, card issuers, acquirers, merchants, professional planning organizations of credit card, credit card debt collection, outsourcing, revolving credit, risk management, financial supervision, financial inspection, credit card business supervision, consumer protection.
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