论信用卡不正当使用的法学规制一以中韩法学的比较为视角[韩语论文]

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信誉卡是古代金融立异之一,我国现行法对之划定甚少。因为在信誉卡营业成长迅猛的同时,在信誉卡生意业务中也涌现了愈来愈多的胶葛,因此对于信誉卡生意业务关系的司法研究就显得异常主要。从信誉卡的成长配景看中国和韩都城始于20世纪50年月,但成长的速度却判然不同。韩国信誉卡的运用遍及生涯的各个角落,这意味着韩国的信誉卡业曾经到达异常光辉的成长时代。本文重要以比拟剖析的办法,韩语论文范文,对中韩两国对于信誉卡运用中的成绩停止比拟研究,引见我国相干司法轨制,自创韩国信誉卡成长经历,提出我国有关信誉卡的司法轨制中存在的成绩,并找出其改良计划。全文共分为六章。第一章在绪论中写论文的研究目标与意义,韩语论文网站,研究规模与办法等。第二章起首概述中韩两国信誉卡的成长汗青,还引见中韩两国信誉卡的寄义及两国信誉卡的品种,还有信誉卡与有价证券、单子的差别及其信誉卡生意业务的相干司法划定。第三章重要是引见中韩信誉卡生意业务司法关系。先引见我国与韩国信誉卡生意业务司法构造中两国如今比拟偏向的学说。就是对我国的拜托署理说、债务让与说、债权承当说、单子让与说、自力担保说与韩国的债务让与说、取代付出说等学说停止比拟研究。然后再引见中韩两国的信誉卡生意业务司法关系。个中包含两国信誉卡生意业务当事人及信誉卡生意业务当事人之间的司法关系,就是其权力责任关系。第四章重要比拟引见中韩两国信誉卡不合法运用的现状。针对其信誉卡不合法运用的特点及类型停止引见。而第五章引见中韩两国信誉卡不合法运用的相干司法规制。重要是中韩两国信誉卡不合法运用的丧失补偿。信誉卡的不合法运用分为持卡人自己的不合法运用和信誉卡的持卡人之外的别人的不合法运用。蓬勃国度的有关信誉卡的不合法运用形成的丧失补偿的划定均有相似的地方。但在我国因为信誉卡自己的特别性还有信誉卡相干轨制的不完美,与蓬勃国度照样存在差距。特别我国对挂掉前后产生的丧失仅是根据发卡银行外部会员条目划定,挂掉时起24小时内产生的丧失由持卡人来承当。第六章中透过韩国的成长经历看中国的信誉卡行业有关信誉卡司法存在的成绩并提醒其对策。

Abstract:

Credit card is one of the ancient financial innovation, China's current law on the delineation of little. Because the credit card business is growing rapidly at the same time, in the credit card business also emerged more and more plastic Ge, so on the credit card business relationship of the judicial study is the main. Look at the date of Chinese began in twentieth Century 50 and the Korean capital from credit card growth background, but the growth rate is entirely different. Korea credit card applications throughout the various corners of the career, which means that the credit card industry has reached a glorious era of growth. In this paper, it is important to compare methods of analysis, of China and South Korea on the credit card application results compare research, introduce the coherent judicial rail system, homemade Korean credit card growth experience, exist in our country about credit card judicial rail system performance is proposed and find out the good plan. This thesis is divided into six chapters. In the first chapter, the research aims and significance of the thesis, the scale and methods of the research. The development history of the second chapter first overview of China and South Korea credit card, also introduced China and South Korea credit card send righteousness and their credit card varieties, and credit card and the difference and credibility of the securities, list card business of the relevant legal provisions. The third chapter is the introduction of the credit card business of China and South Korea judicial relations. First introduced China and South Korea's credit card business in the judicial structure of the two countries are now more biased theory. Is the China entrust acting said, assignment of debt, debt bear said, list assignment theory, independent guarantee and South Korea's assignment of debt, replace pay theory stop comparative study. And then introduced the credit card business of China and South Korea business business legal relations. It contains the judicial relations between the two parties and the credit card business of the two countries, which is the relationship between the rights and responsibilities of the parties. The fourth chapter introduces the status quo of China and South Korea's credit card is not legal application. According to the characteristics and types of the credit card is not the legal application. The fifth chapter introduces the legal application of the credit card of China and South Korea, the relevant judicial regulation. It is important that China and South Korea's credit card is not a legal application of the loss of compensation. The illegal application of credit card is divided into the legal application of the cardholder and the other people outside of the credit card. The loss of compensation for the loss of compensation for the formation of the non legal application of the credit card of the flourishing nation is similar. But in our country because of the credibility of the credit card itself and the credibility of the credit card system is not perfect, and there is still a gap in the country. Especially in our country before and after the hang of loss is only according to the card issuing bank external membership entry delimit, hang up within 24 hours of the loss by the cardholder to bear. In the sixth chapter, through the growth experience of Korea, China's credit card industry related to the credit card and the results of the existence of the credit card to remind them of the countermeasures.

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