A Study On The Bank’s Civil Liability Of Clone Card Withdrawal Cases

In recent years, lots of lawbreakers copy others bank card by illegal means, andsteal their passwords by installing pinhole cameras or something else in self-servicebank, by which they can forge bank cards and withdraw the money in the deposit.Such cases are raising rapidly. In a condition that the criminal cases haven’t beendetected in a short period, the depositors choose to sue the bank to court. But due tothe lack of relevant law, the judicial practice are always in consistent, the main pointsof which are whether and in what scope should the bank take the legal responsibility,which crucially, are determined by the civil legal relations of banks and depositors.Firstly, the paper will use the traditional theoretical analysis tool which is thetheory of civil legal relations to analysis the legal relationship of the bank and thedepositors, the legal obligations the bank should take in the deposit contract, andfurther to make a conclusion that the bank should take civil legal responsibility in theclone card cases. From the point of view that the legal relationship of the bank and thedepositors is contractual and also the obligations that the bank violated are contractual,the paper draws a conclusion that the nature of the banks civil responsibility is thebreach of contract. What’s more, from where the depositors stand, it is morebeneficial to define the nature of the banks’ civil responsibility as breach of contractfor the advantages such as smaller burden of proof, larger responsibility range.Therefore it is better to protect their legal interest for the depositors to sue as a breachof contract case. However, the banks can not take all the civil responsibility in theclone card cases unconditionally. The civil responsibility should be count according tothe doctrine of presumption, which is in the case that the depositors have faults in theloss of the deposit, the bank shall be speared the civil responsibility in the range of thefaults made by the depositor. As the development of economic globalization, a largeamount of financial capital flow into the market of mainland China, which will causethe increasing oppression of the financial industry make to the financial customerswho are the vulnerable groups in the marketing economic. To protect their legalinterests, it would be proper to define the contracts Disclaimer invalid which are madeby the banks in their statutes or regulations. Finally, the paper analyzes the lawapplication about the card cloning cases home and abroad, and then put forward theresolution of the banks civil responsibility in the hope that it could be helpful in the practical problems solving process.