http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
- 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
- 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
RISS 인기검색어
- 검색키워드
- 저자 : 杜茜 (검색결과 1 건)
- 무료
- 기관 내 무료
- 유료
-
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.
KCI
eArticle연관 검색어 추천
이 검색어로 많이 본 자료
활용도 높은 자료
