论信用卡法律关系的独立性与牵连性

信用卡交易中存在着多种法律关系,其中,发卡银行与持卡人之间的关系具有代理结算和消费信贷双重性质,发卡银行与特约商户之间不仅存在着一种新型的金融服务合同关系,还存在着从属于持卡人与特约商户之间消费合同的特殊付款担保关系。这三方法律关系间经济上存在的密切联系,决定着法律上在坚持独立性的同时,必须承认其牵连性,才能维护公平正义,保障信用卡法律关系的高效健康运转,促进银行卡产业化的发展。

On the Independence and Implication Character of the Legal Relations of Credit Card

There are many legal relations in the credit card transaction. The relation between the card issuer and the cardholder possesses dual character of settling accounts and consumption credits. Between the card issuer and the merchant, there is but only a new financial service relation but a special guarantee payment relation which is subordinated to the consumption contract between the cardholder and the merchant. The close relation among three legal relations in economy gives the necessity of accepting the implication character while sticking to the principle of independence character, by which to keep the credit card transaction fair and reasonable, and to ensure the legal relations of credit card work healthily, and to accelerate the development of credit card industrialization.