A Study On Civil Liability Of Disputes Over Bank Card

Nowadays, with the rapid development of economy and science and technology, new forms of crime are increasing in financial field and those criminal means are more and more sophisticated in technology level. Among these crimes, the issue of unauthorized use of others’ credit cards has became a severe social problem. Criminals steal money from others’ credit cards by all means, such as forging credit cards, stealing passwords of others’ credit cards, hacking others’ credit card information, which not only harms others’interests but also disturbs the social order. In law, the issue of unauthorized use of others’ credit cards also causes lawsuit disputes between cardholders and deposit banks, however, the verdicts and the reasons for the verdict are dramatically different, which does harm to the social credibility. As for how to distribute the burden of prove of the dispute parties and how to confirm liability, our thesis holds that we should follow the general principles of legal application and take the principle of fairness into consideration when necessary.After analysis of 25 dispute cases of the unauthorized use of others’credit cards from 2014 to 2015 in Guangxi, we tries to probe into the question of how to identify civil liability of the related subjects. Our thesis is divided into five parts. Part 1 describes the current situation of the unauthorized use of others’credit cards. First we summarize and compare all the collected cases, focusing on prosecution and admissibility and verdicts; then we try to analyze two legal problems of different cases, one is the burden of producing evidence distribution, the other is the division of civil liability. Part 2 analyzes the definition, the scope, the cause and the negative influences of the unauthorized use of others’ credit cards, in the perspective of academic point. Part 3 discusses the legal attributes of the unauthorized use of others’ credit cards and explains the civil liability of bank and its liability principles, the civil liability of cardholders and the burden of producing evidence distribution, which focuses on how to make a refined allocation of burden of proof in the due party. Part 4 gives a detailed description of how to divide civil liability of the dispute cases of unauthorized use of others’credit cards. Part 5 offers some suggestions to deal with the dispute cases of the unauthorized use of others’credit card from the perspective of legislation, judiciary and social awareness.