摘要
滞纳金作为行政强制执行中执行罚的一种类型,其适用范围非常有限,故被喻为"合法抢劫"的信用卡滞纳金并不是行政法意义上的滞纳金。具有违约金性质的信用卡复利由于没有存在的理论基础,所以本应该是违约金的信用卡滞纳金却利用行政法上滞纳金"督促履行"的功能而异化为剥夺普通民众财富的制度装置,对此,《合同法》与《贷款通则》却没有规定逾期贷款罚息的上限,《反垄断法》也因其笼统的责任规范无法根治高额的信用卡滞纳金,因而,作为"过渡性杂种"的信用卡滞纳金有赖于信用卡市场的进一步完善,从而纯化为合同法意义上的违约金。
As one type of administrative execution of the administrative enforcement, overdue fine＇s scope of application is very limit. Therefore the credit card late fee, which is compared to the ＂legal robbery＂, is not the overdue fine of administrative law. Theoretic basis for cumulative interest exiting as fine for breach of contract does not exist, so the credit card late fee is alienated from fine for breach of contract to the institution of plundering the people＇s wealth by taking advantage of the function of ＂enforcing to execute＂. While the contract law and general rule of the credit law does not limit the late fee, and the anti - trust law also cannot cue the high credit card late fee fundamentally because of general responsibility norm. As a result, the hybrid of credit card late fee can be transformed into fine for breach of contract on the basis of betterment of credit card market.
出处
《法律科学（西北政法大学学报）》
CSSCI
北大核心
2009年第4期122-129,共8页
Science of Law：Journal of Northwest University of Political Science and Law
关键词
滞纳金
信用卡滞纳金
复利
违约金
overdue fine
credit card overdue fine
cumulative interest
fine for breach of contract
