Study On Civil Liability Of Bank In Micro-Electronic Payment

The micro-electronic payment is becoming a significant mean to accept and conduct payment and settlement in our lives because of its superiority of micro, convenience and frequency of use. In micro-electronic payment practice, the rules are not perfect enough to division of responsibilities on the bank. They are not enough to protect the consumer and to promote business deal.This article is divided into four chapters. The first chapter introduces the particularity in micro-electronic payment and civil liability of bank. It focuses on the content and features and defines the relationship between bank and customers or third-party service organization as contractual relationship. The second chapter analyzes the constitution of the civil liability which the bank meets in micro-electronic payment. It first Introduce the principles of civil liability which attributable to the field in the application of micro-electronic payment, and then analyzes the civil liability when cause by customer, bank or the thirds. The third chapter concludes the commitment of the civil liability which the bank meets in micro-electronic payment. The model includes convention one and statutory one. The way includes returning fund, paying interest and cost, and resulting the losses of the rate fluctuations. The scope includes the direct losses but not the indirect losses. The forth chapter discusses the defense of the civil liability which the bank meets in micro-electronic payment. The defense has its specificity and limitations which includes force majeure, accident and privacy agreement. It is the first time to propose technical limitations to be a new defense which makes the laws better. By researching on civil liability of bank in micro-electronic payment, this article makes civil liability clear which the bank and customer should assume. It also guides the application of the law well and makes the law in micro-electronic payment perfect.