Civil Liability Analysis In The Debit Card Funds Stolen Dispute

With the rapid development of the financial industry, the bank card provides great convenience for the lives of the residents, the security risks of the bank card is also gradually becoming apparent. Debit card funds stolen dispute has become a relatively common judicial practice dispute. Because our country’s "Contract Law" and other laws and regulations have not clear Legal provisions for such dispute, the courts have different judgment about the legal responsibility in the debit card funds stolen disputes. This article focuses on summarizing the cases of different types of debit card funds stolen disputes, analysis the body’s civil liability issues in the different types.The first part is the introduction part, described mainly on the background of this paper, the research status at home and abroad, the main content of the article, research methodologies and writing ideas of the author; The second part of this article describes the judicial decisions in the debit cards funds stolen disputes in recent years, summarize the major legal dispute points in the different judgments of such disputes; The third part of this paper is legal analysis of the disputes, mainly discussing the legal relationship, the nature of the liability and the burden of proof; The fourth part is the main body portion of the article, by finishing categorized stolen debit card funds dispute, analysis the main body of the civil liability’s division in different situations; The fifth part is some suggestions from the bank, the cardholder and the legislative point of view in debit card funds stolen disputes. The last is the conclusion of the article, generally speaking, the banks need to undertake liability without fault, in order to reduce their own responsibility, it is necessary to prove the cardholder fault exists in the cases. I hope that the analysis and discussion of this article can provide some reference in the future work for the judicial practices and financial staff.