试析特约商户对信用卡的审查义务

特约商户是信用卡交易的基本当事人之一.依法公平确定特约商户在信用卡交易中的义务,有利于保护信用卡交易中各方当事人的合法权益,促进信用卡业务的进一步健康发展.一方面,基于特约商户与发卡行之间的信用卡受理协议,基于法律所要求的诚实信用原则和对消费者权益的保护,特约商户在信用卡交易中应承担一定的审查义务;另一方面,特约商户承担审查义务不应超出其能力范围.

An Analysis of the Special Stores' Examining Duty on Credit Card

Special stores are one of basic participants of credit business. To stipulate their duties legally and fairly will be beneficial for protecting the legal rights of credit participants as well as advancing the further development of card business. On one hand, on the basis of the contract between special stores and credit issuers and also on the principle of honesty and credit required by law, special stores should take some examining duties in credit business. But on the other hand, such duties should not be beyond their abilities.