Comment On Mr. Xie Appeal ICBC, Ctrip Corporation Credit Card Infringement Case

With the continuous innovation and development of the financial markets, creditcard infringement case in Shanghai is a typical infringement disputes. Case in creditcard infringement was caused by the behavior that the bank deduct customer’s capitalneedn’t the password. The behavior in this case refers to the bank does not requirepassword and is free to deduct the cardholder’s capital account to the capital accountof the merchants, then the two sides result disputes. In this paper, the writer woulddiscuss from different aspects, the cardholder’s benefit whether be infringed by thebank and the merchant, the cardholder cancel scheduled at the merchants whetherundertake the liability of contract, how to deal with the liability of contract and tortliability in the same case and the liability concurrence’s causes. In this case, thesecond trial court’s judgment that the bank and the merchant should undertake the tortliability for their behavior is reasonable. While the new financial innovation actionthat favor the development of the financial market, but also can not ignore theconsumers’ right to information, protection of property rights, it should balance theinterests of businesses and consumers. At the same time, the cardholder cancel thescheduled action with the merchants constitute default behavior after the contract hasbeen effective, it should bear the liability of contract. Of course, to support victimsdemand the polluter to bear tort liability claim is worthy of recognition when defaultliability and tort liability are mixed, on the one hand, it follow the principle that toprotect the victims, on the other hand, is also conductive to the proceedings economyand effectiveness of the proceedings.