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崔金珍,杜茜 한중법학회 2013 中國法硏究 Vol.19 No.-
In recent years, the market economy and the banking industry is growing fastly day by day.With the development of the market economy and the banking industry, credit card industry is vigorous and fast developing. With the features of high efficiency and convenience, the new tool of credit card has won public love increasingly. It is a common phenomenon that people use credit card, even one people have more than one card is very normal. Because of the small volume and big value, the credit card is easy to steal or lost. Especially it is easy to crack the password and imitate the signature, the risk of the credit card falsely used offen emerge. It will not only hinders the healthy development of the credit card industry, but also destroys the social environment and financial order and caused many potential threats to the healthy, sustainable operation of the market economy. With the increasing of the falsely used, the relevant legal dispites are more and more, especially the problem of the civil liability of the credit card falsely used, it is the puzzle of the judicial practice for a long time.In the circumstances of the credit card falsely used, the problem of whether the parties revevant the credit card should bear responsibility or not and how to distribute the liability should be solved. But we can only depend on the industry rules(the recipients rules and the regulation of the credit card) deal with the disputes because of the absence of our law, there is no clear and targeted rule. In order to solve the above problems, in this paper, the anthor firstly discusses the legal definition of credit card falsely used, and then analyzes the current situation and problems of the allocation of responsibility, and finally improve the liability issues in the perspective of completing legislation of the credit card and from the perspective of optimizing the allocation of responsibilities. Firstly, the legislation should be clear the responsibility of issuing banks. Most South Korea's credit card approvements formulate that card issuer should bear the loss within 60 days from the date of report the loss, we should clear the liability for breach of contract of the issuing bank and fault liability reference to the provisions of the South Korean. Secondly,the legislation should be clear the responsibility of the specially engaged. Special merchants should take full responsibility when specially engaged in fraudulent behavior on purpose; Special merchants should undertake corresponding responsibility according to the degree of faults when specially engaged using behavior occurs as a result of negligence. Finally, legislation should be clear the responsibility of the cardholder. Credit card used by the cardholder only, cardholders shall bear the responsibility when the credit card authorized by the cardholder others to use.
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崔金珍 한중법학회 2010 中國法硏究 Vol.13 No.-
Chinese Commercial Banks can achieve good performance, largely thanks to national attention and support to Commercial Banks reform and development. Therefore, when the Commercial Banks formulate the strategy, they should put social responsibility stress on the important position. The social responsibility of commercial banks mainly include the responsibilities which commercial banks should fulfill their renposibilities for stakeholders, in the economic, legal, moral and philanthropic. Economic responsibility is the foundation of legal liability, moral responsibility and liability charity. The Commercial Bank as a particular coorporation should obey the relevant regulations including ethics provisions, and perform its economic mission. It is very important that they should give up their profits according to law sometimes. Moral responsibility and philanthropic liability are sublimated on the basis of realization of economic responsibility and legal liability. it directly reflects the social esponsibility of the enterprise. Corporate social responsibility is increasingly becoming the hot issue all around the world, while social responsibility of commercial banks which is a special corporate in China is more important. Our Commercial Banks in the social responsibilities still have many shortcomings. Our country Commercial Banks, in a certain extent, realize the importance of social responsibilities, while it still stays in the surface and do not rise to the strategic height in accordance with disclosure information. And when carrying out their social responsibilities, a several of Commercial Banks, in a certain extent, still cling to the "gdo good thing and earn money"h which is a "gadvertisement"h to improve their public relations. Their purposes lie in profit or other benefits, corporate social responsibility is just a means of profit. It need several elements for commercial banks to fulfill their social responsibility, such as, the power of government, mandatory laws and institutions, the internal self-regulatory mechanism in the commercial banks. In the initial stage of social responsibility, it is very important for Commercial Banks to realize that carrying out the economic and legal liability is legal obligations, or will be punished by the law. At the same time, we should exercise a closer supervision over the government, industry and other regulatory function. In the Commercial Banks internal level, we should adjust the governance structure of Commercial Banks.
KCI
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