Legal analysis: As long as both parties state that it is a lending relationship, it is a lending act.

(1) A credit card is a financial payment that the cardholder signs a contract with the card issuer and is issued by the card issuer to the cardholder for overdraft consumption, cash withdrawal, and transfer settlement within a certain credit limit. tool. A contractual relationship is established between the credit card holder and the card issuer for the purpose of financing and borrowing and with the use contract as the carrier. Special merchants are often involved in the use of credit cards. Credit card disputes are generally disputes over the rights and obligations arising from the use of credit cards between the card issuer, the cardholder, and the special merchants during the use of the credit card. For example, in disputes caused by overdue repayment, counterfeit card transactions, fraudulent transactions, payment settlement, etc., the subject of the dispute must be the card-issuing bank. Therefore, such disputes do not meet the constituent elements of credit card disputes.

(2) A loan contract is a contract in which the lender transfers the possession and use rights of the loaned object to the borrower on a regular or irregular basis. In addition to being gratuitous, a loan contract also has an important feature, that is, the subject matter is non-consumable and specific. The purpose of borrowing is to use the subject matter itself, that is, the use value of the borrowed item. After use, the original item must be returned to the lender. The object of the loan contract is currency and the purpose is financing. In such disputes, the borrower's purpose in borrowing the credit card is not to use the credit card itself, but to use the credit card for financing. Therefore, this type of dispute does not meet the constituent elements of a loan contract dispute.

(3) A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. The purpose of the loan contract is financial financing. Credit cards have financing functions such as overdraft consumption, credit loans, and cash withdrawals. In such disputes, the lender lends the credit card to the borrower so that the borrower can finance consumption or withdraw cash through the credit card. The lender is in debt to the card issuer within the scope of the borrower's overdraft consumption or cash withdrawal, and has the purpose of financing funds. Both parties have the nature of private lending and establish a private lending relationship.

Legal basis: "The People's Republic of China and the Civil Code"

Article 667: The loan contract means that the borrower borrows money from the lender and returns the loan and pays when due interest contract.

Article 668: A loan contract shall be in written form, unless otherwise agreed upon for a loan between natural persons.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender.

Article 670: Interest on borrowings shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be returned and interest calculated based on the actual borrowed amount.