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On The Distribution Of Burden Of Proof In Debit Card Dispute

Posted on:2017-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:H X NingFull Text:PDF
GTID:2206330482488664Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, more people through the means of bankcard copy equipment, communication tools and network to commit crime in our society. Such crimes infringe on interest both cardholders and issuers. The allocation of the burden of proof is the key to resolve the disputes.It can be better for cardholders and financial industry development if the judge has clear rules and uniform standards of the allocation of the burden of proof.The research methods include empirical analysis methods, economic analysis method, comparative research methods, literature research methods and so on. According with the existing judicial practice experience and the views of some scholars to put forward some legislative proposals of the rules of allocation of the burden of proof.In addition to the introduction the thesis divided into three parts.The first part is the judicial status. Firstly, the paper introduces the current situation and problems in the current legislation. Secondly, the paper describes the status of judicial practice. It is significant for issuer to take responsibility for liable for its fault, and then the paper analysis the effect of standard terms. There are some issues in recent cases about the allocation of the burden of proof.The second part is about jurisprudence and evaluation. In the first place, the legal relationship between cardholder and issuers are illustrated. Secondly, it discusses the issuer civil liability principles. Finally, the paper analyzes the distribution of the burden of proof of the theory to provide a theoretical basis.The third part generalizes the rules of the allocation of the burden of proof. The rules in the United States, South Korea, EU, and China’s Taiwan region are referenced. Some improvements are necessary. The issuer should prove cardholder’s fault. The cardholder should prove his lost. The issuer should prove the trading system’s security. The issuer also needs to provide ATM video. At the same time, the cardholders as financial consumer need special legislation.
Keywords/Search Tags:the bank, the bank card, the burden of proof, the allocation of burden of proof
PDF Full Text Request
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