The Analysis On The Protection Of The Depositor’s Civil Rights And Interests In The Copy Bank Card Case

In recent years,the case of deposit contract dispute between the depositor and the account bank caused by others stealing money with the copy of bank card frequently.(Hereinafter referred to as the copy bank card case)After the case occurred,the account bank shirk responsibility with a variety of reasons. The account bank deliberately think that copy of bank card holders violated the depositors’ ownership of property,and depositors shall be submitted to the right to return the deposit the copy of bank card holders;the account bank also require depositors bear corresponding responsibility on the grounds that the copy bank card holders inputted the correct password;the account bank claims that in the judicial process to apply the principle of "first the criminal law procedure then the civil law procedure" because of such cases involving criminal offenses;the road is long and hard to the depositors to get back the deposit.The account bank’s behaviour and view legal or not,depositors can or not advocate to the account bank and what rights to advocate are closely related with the protection of civil rights and interests of the depositor.I will summarize the focus of controversy of the copy bank card case,and discussed the focus of controversy around.Firstly,I will identify the deposit contract,because the deposit contract is nameless contract,and the contract will be recognized as a deposit loan contract,also I will confirm that the ownership of the deposit belongs to the account bank and copy bank card holders bank violated the property rights of the account bank,the depositor still enjoy the debt.Secondly,I will analyze the account bank’s and the depositor’s breach,clear the division of responsibilities between the account bank and a the depositor.Finally,I will analyze the applicable conditions of the principle of "first the criminal law procedure then the civil law procedure",and demonstrate that this trial principle does not apply in this type of casel.To protect civil rights and interests of the depositors,the author will put forward a sound advice for the shortcomings of the law in the copy bank card case,after analyzing the focus of controversy copy bank card case.