Laws and regulations involving credit cards:

As a civil act, credit card business is governed by the "General Principles of Civil Law", "Contract Law", "Criminal Law", "Law of the People's Bank of China", " Laws such as the Commercial Bank Law have provided principled provisions on the credit card business.

1. The provisions of the "General Principles of Civil Law". my country's "General Principles of Civil Law" is a legal norm that regulates the property relations and personal relations between citizens, legal persons, and citizens and legal persons who are equal subjects. The status of the parties in civil activities is equal and abides by voluntariness, fairness, etc. The principles of price remuneration and good faith. The most basic legal relationship of a credit card is the relationship between the card-issuing bank, the cardholder and the special merchant.

2. The provisions of the "Criminal Law of the People's Republic of China". Card-issuing banks are always faced with the problem of applicants forging information to defraud the credit card issuers, fraud by illegal holders, malicious overdrafts by legitimate holders, and the failure of special merchants to fulfill their responsibilities; cardholders are faced with credit card and The problem of ID cards being stolen or lost. Therefore, Article 196 of the "Criminal Law of the People's Republic of China" prohibits the use of counterfeit, invalidated, or fraudulently used credit cards of others, or malicious overdrafts (referring to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession). , and still refuses to return the credit card after being called upon by the card issuer) and stealing and using credit cards shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

3. The provisions of banking laws. The "People's Bank of China Law" and the "Commercial Bank Law" are two important laws in my country's financial legal system. Article 31 of Chapter 5 of the "People's Bank of China Law" stipulates: "The People's Bank of China shall examine and approve the establishment, change, termination and business scope of financial institutions in accordance with regulations." Article 3 of the "Commercial Bank Law" states in the scope of business*** There are 13 items, and the credit school business falls under the "other businesses approved by the People's Bank of China" in item 13. Those who violate the legal provisions are invalid and will be subject to corresponding criminal liability.

4. The provisions of the "Guarantee Law". These legal contents: the type and amount of the main creditor's rights guaranteed; the time limit for the debtor to perform the debt; the method of guarantee; the scope of guarantee; the period of guarantee; and other matters that both parties deem necessary to agree upon. In addition, the credit card guarantee contract is a subsidiary contract of the credit card contract, and its legal attributes and legal liabilities are subject to Article 5 of my country's Guarantee Law: "The guarantee contract is a subsidiary contract of the main contract. The main contract is invalid and the guarantee contract is invalid. The guarantee contract has other If the guarantee contract is determined to be invalid, if the debtor, guarantor and creditor are at fault, they shall bear corresponding civil liabilities according to their faults. "

5. Credit Card Business Management Measures (below). (referred to as the "Measures"): The "Measures" are binding on all entities in the credit card business, card-issuing banks, agent banks, cardholders and special merchants, and include business regulations, business management, credit card application and cancellation, and transfers. Clear regulations have been made on settlement, cash deposits and withdrawals, and legal responsibilities. First of all, Article 3 of the "Measures" stipulates: "Credit cards as mentioned in these Measures refer to credit payment instruments issued by commercial banks within the People's Republic of China and the People's Republic of China to individuals and entities." This clarifies that it can only be commercial banks within the territory of the People's Republic of my country. Only then are qualified to issue credit cards, and Article 5 excludes the possibility of non-financial institutions, non-bank institutions, and representative offices of overseas financial institutions in China operating credit card business. In the relevant credit card business, commercial banks must implement the unified deposit and loan interest rates and special service fee rates stipulated by the People's Bank of China, deposit deposits in prescribed proportions, and perform account management, cash management, etc. Secondly, Article 22 of the "Measures" states: "The special agency shall not refuse to accept a valid credit card legally held by the cardholder and issued by the contracted bank for any reason." In other words, there is an agency relationship between the special agency and the card issuer. , cardholders hold a credit card issued by the card issuing bank and go to a special unit to make purchases. The special unit should treat everyone equally and cannot discriminate from a technical point of view or charging treatment.

6. Others include the "Decision on Punishing Crimes that Disrupt Financial Order", "Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Credit Card Fraud", as well as the articles of association and special merchant agreements of various commercial banks on credit cards. Documents, special merchant operating procedures, credit card business accounting procedures, credit card insurance policies, etc. all have agreements and regulations related to the use of credit cards.