The Legal Research On The Prevention And Control System To Bank Card Fraud Risk

Following the kinds of bank card fraud risk with which banks encounter on daily business, this paper analyses deeply the causes and harms of the risk, claims that it is necessary to prevent and control the bank card fraud risk on the process of business. This paper reconstructs the relationship between subjects in the legal relation of bank card business through analyzing the current legislation in Chinese bank card industry, and then, the relationship should support to establish the prevention and control system to bank card fraud risk. The last part of the paper puts forward some measures to prevent and control the risk in the whole process of bank card business, in order to balance the interests between bank and cardholder, provide safer protection to cardholders'legitimate rights and interests. This paper can be divided into five parts.In the first part, this paper makes clear definition on the functions, types, details and subjects of bank card, introduces that the business of bank card relates to some subjects, such as cardholder, bank, special merchant and the provider of equipments, in order to prepare analyzing the types and harms of risks in bank card fraud. In the second part, this paper settles the risks in bank card fraud to different types through discussing the essence of the risk. And then, this paper holds the perspective of bank, claims that the risk can be do harm to bank directly or indirectly. Management standard and service quality of bank will be improved if the risks are prevented and controlled effectively. At the same time, low rate of risk happening will do help to the cardholder's interest protection and the stability of business.In the third part, this paper analyses the three types of legislations in bank card business in different countries, introduces some different systems which relates to disputes in bank card business in USA or British and compares them with Chinese bank legislations. This paper declares the current situations and shortages of Chinese bank law, it is inclined to the mode of civil law. The Chinese bank law leads low effect hierarchy, takes more attentions to supervision and lacks of some systems.The forth part, this paper involves in the purpose and elements of the prevention and control system to bank card fraud risk, analyzing and reconstructing the relationship between different subjects in legal relation of bank card, through which making the construction of the prevention and control system to bank card fraud risk.The last part, this paper continues the details of the forth part, puts forward to the prevention and control system to bank card fraud risk, which contains legislation, contract, insurance system of bank card, authorized rules in business, regulations of bank, burden of persuasion, criterion of liability and limitation of liability in the whole process of bank card business, aiming at the purpose which can balance the interest relation between bank and cardholder, and protect the legitimate rights of cardholder more effectively.