Financial Institution Issues A False Proof Of Funds,Carding And Choice

Financial institution issues a false proof of funds the civil dispute, in recent years the commercial trial in the more common, and controversial issues.At present, China’s financial institutions for "country" character background, current laws on illegal false proof of funds regulation to administrative supervision, lack of unified qualitative and comprehensive system of standardized.This paper argues that we should draw lessons from German and Japanese civil law, for such cases characterized as tort, and then adopt the tort liability law regulation.Besides the foreword and conclusion, this paper includes the following five parts.The first part is the introduction of the problem--false capital proof responsibility generating process and practice type.This part is to describe a typical case as the breakthrough point, analyzes the false proof of funds behavior production process and practice type, while the provincial court of such cases for data analysis, objective presentation of such cases in trial practice characteristics.The second part is the theoretical understanding of the disorder--mainly on false proof of funds act of tort liability must return.This part of the funds in the false proof property theory, namely the professional obligation, liability, guarantee liability on the basis of analysis of the three theories, inadequate, thus extend the tort liability, and then to the theory connotation, imputation purposes, extensions of the theory were introduced, further confirmed the rationality of tort liability.The third part is the real investigation--current legislation and judicial practice of the deficiencies of the confusion.This part is mainly on the Supreme Court two approval and a notice, as well as the "commercial bank law","company law" of the existing regulations, thus confirming that China’s current legislation on the false proof of funds behavior tort property of fuzzy and uncertain, not to the latest theory of tort law legislation practice, lead relevant provisions of the legal connotation of deprivation, shown effectiveness of norms, regulations on simple, lack of systematic and operable malpractice.The fourth part is the rational choice of legislation--Architecture and practice problem combing.This part is in the false proof of funds into the tort law with general tort, fault liability principle of its responsibility system architecture, which follow the offence, the fact of damage, behavior subjective fault and behavior and damage the causal relationship between four elements system.At the same time, the focus of controversy surrounding the theory and the judicial practice difficult in-depth review, in order to maximize the directive significance of practice.The fifth part is the judicial proposal"--on the trial of financial institution issues a false proof of funds shall bear tort liability provisions ". This part is mainly based on the " general principles of civil law "," law of tort liability "," commercial bank law ","company law", securities law " and other laws, combined with judicial practice, to issue false capital proof responsibility regulation proposing, for reference only.