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Provisions on Several Issues Concerning the Trial of Civil Disputes over Bank Cards
Legal Analysis: In order to correctly hear civil disputes over bank cards and protect the legitimate rights and interests of the parties, this provision is formulated in accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC), combined with judicial practice.

Legal basis: According to Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes over Bank Cards, these Provisions shall apply to civil disputes arising from the conclusion of bank card contracts and the use of bank cards between cardholders and card issuers, non-bank payment institutions, special merchants of acquiring banks and other parties. Civil disputes over bank cards mentioned in these Provisions include debit card disputes and credit card disputes. Article 2 of "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes over Bank Cards" stipulates that when the issuing bank enters into a bank card contract with the cardholder, it fails to fulfill its obligation to prompt or explain the standard terms such as interest, compound interest, fees and liquidated damages, resulting in the cardholder's failure to pay attention to or understand the terms, and the cardholder claims that the terms are not part of the contract and are not binding on it. The people's court shall support the issuing bank to request the cardholder to pay overdraft interest, compound interest and liquidated damages. Pay installment fees, interest, liquidated damages, etc. according to the credit card contract. If the cardholder requests an appropriate reduction on the grounds that the total amount claimed by the issuing bank is too high, the people's court shall comprehensively consider the relevant financial supervision regulations of the state, the unpaid amount and time limit, the degree of fault of the parties, the actual loss of the issuing bank and other factors, and make a ruling according to the principles of fairness, honesty and credibility.