The Civil Responsibility Of The Bank In Self-service Trade

The economic development of the modern society has led to the prosperity of the banks. Within the last few decades, the self-service banks have, with a surprisingly speed, developed from coming into existence to being widely known and daily used. At the same time, the legal disputes related to self-service banks increase in a large number, which is arousing more and more attention of the media and the masses. However, in juridical practice, there is a lack of criterion and a lot of dispute over the responsibilities of banks, and theorists have done little research and paid little attention, which cannot meet the needs of practice. The key point to solve these civil disputes on self-service trade is to properly divide the civil types of the cases and accurately define their legal relations. In reality, faced with the divergences of the disputes about self-service banks, we always tend to put aside the legal relations and focus only on the responsibility. This is the reason why the responsibility of the disputes on self-service banks is difficult to be identified and affirmed. Therefore, it is important and practical to carry on a deep and systematic research into this problem.This thesis includes four chapters. The first chapter is about the legal definition of self-service banks. It makes a basic definition of self-service bank from a legal perspective view, which eliminates cognitive obstacles for the discussion of civil responsibility in the following parts. The second chapter, beginning with the traditional legal relations theory, concludes the characteristics of the civil responsibility of self-service trade, and demonstrates the research methods and the route of analysis. The third chapter, after making clear the legal relations, uses the theory on the relations of civil law to further analyze the civil responsibilities of self-service trade by types. The final purpose of imputation is the assumption and realization of the responsibility. The fourth chapter makes summary and studies on the ways of realization of the civil responsibility of self-service trade, and raises bold hypotheses and reasonable suggestions respectively on public protection, self-protection and risk sharing mechanism.The innovation point of this thesis is the systematic research on the civil responsibilities of self-service bank trade. With the theory on the relations of civil law as the principle line, and closely connected with the characteristics of self-service banks and the latest legislation, the thesis specifically solves the problems of civil responsibilities of banks in self-service trade, and makes research on the ways of realization of responsibilities, in order to set a model for the following researches. Simultaneously, the thesis adopts the empirical analysis method and classification method, and studies on the legal issue in the relatively new area through typical cases, which makes the research more practical.