Electronic Payment Of Civil Liability Attributable To The Theory

Electronic payment is a hot problem that law circles and business industries have been paying close attention to in recent years. There are scholars in domestic having once affirmed it to have an enormous impact on the traditional law theory. Along with the electronic payment being widely accepted by the general enterprises and the consumer and prosperous, how to resolve the contradiction and the dispute by the law, especially determine what kind of legal liability the bank and the client should undertake, appears urgent and realistic.In order to regulate the electronic payment, reduce the risks, and distinguish the client's responsibility, this article unifies the advanced legislation overseas, particularly the American electronic payment legislation achievement, and make a comprehensive and profound study on the civil liability ownership in the electronic payment. It not only has the significant theory value, and has the profound and practical significance. This article divides into the introduction and four major parts:The introduction introduces the electronic payment's development background systematically, the research significance of the electronic payment civil liability ownership as well as the dilemma and the ultimate value goal. Along with the development of the electronic commerce, the realistic demand of the electronic payment is vivid. In order to resolve and guard against the common risks, make the client conveniently anticipate the civil liability reasonably, and remedy the legislation insufficiency in our country, the research has the vital practical significance. In the balance of the electronic payment civil liability, a side receives the harm frequently, and the consumer is at the weak position, a side is the new electron industry which we should develop positively, how to make them balanced, and its goal is to realize the social validity.The first part not only introduces the basic concepts and legal relationship of electronic payment, including the commercial electronic funds transfer and the consumer electronic funds transfer, but also introduces the concepts of the electronic payment civil liability, the characteristic and the classification, such as the violation responsibility and the right infringement responsibility. The violation responsibility includes the delay fulfillment, the no fulfillment, the unsuitable fulfillment, the instruction mistake as well as the civil liability caused by the bank bankruptcy and so on, the right infringement responsibility includes the transfer without authorization by the third party infringing upon the right.The second part discusses the criterion of liability in the electronic payment civil liability. For the commercial electronic funds transfer and the consumer electronic funds transfer, it elaborates the suitable criterion of liability separately .The consumer electronic funds transfer divides into the deposit electron payment (for example bankcard) and the non-deposit electron payment (electronic currency).For the violation responsibility, it should be suitable to apply the fault estimation principle and the strict responsibility principle separately according to the respective characteristics. Regarding its right infringement responsibility, for the protection of consumer's weak status, it adopts the non-mistake responsibility principle. Regarding the violation responsibility and the right infringement responsibility of the commercial electronic funds transfer, it adopts the mistake responsibility principle and the mistake responsibility principle primarily, fair responsibility principle for auxiliary separately.In view of several common phenomena in the electronic payment, mainly the transfers without authorization, the evil intention to overdraw, the operation mistake and the system or the equipment breakdown, the third part analyzes which kind the responsibility type is and how to undertake for the civil liability under the different conditions. Take the transfers without authorization for example, in the consumer electron funds transfer, the US Electron Capital Transfer Law" adopts a stricter responsibility to the financial organization, but also stipulates consumer's notice duty and the quota liability, so it constructs a relative equilibrium legal relationship between the financial organization and the consumer. In the commercial electron funds transfer, "American Unification Code of mercantile law" 4A established the unique safety procedure rule. If the bank uses the safe and rational procedure in the trade, the civil liability caused by the transfer without authorization should be undertook by the customer voluntarily.The fourth part elaborates the present legislation situation of electron payment civil liability in our country, and puts forward some proposals aiming at the consummation. In our country the legislation of the consumer electron funds transfer mainly concentrates in the relevant law liability of credit card. To the legislation of the commercial electron funds transfer, it is still a blank unlike the US which has the special electron capital transfer law. The lack of consumer protects, how to divide the liability by transfer failure, and the liability of putting to the proof for without authorization are still not made the stipulation. I think it necessary to carry on legislation in advance, and make the bold forecast to the development direction of the financial computerization, based on the national conditions, and profit from the mature experience abroad.The conclusion of this dissertation summarizes the author's basic thoughts on legal system of EFT. It is concluded that the growth of EFT has disclosed what, at least at first sight would seem to be something of a legal vacuum in that there is a real lack of legal rules and decisions directed specifically at EFT, it is urgent for us to establish and improve the legal system of EFT in China.