Study On Adjudication Rules Of The Bank Card Fraudulent

With the development of society, the bank card has become a kind of widely accepted payment instrument for its convenience and rapidness, effectively promoting the development of the national economy. Along with the popularization of the bank card, the number of the bank card fraudulent and the money involved in these cases are showing a rising trend year by year, and also the crime means are getting more and more hidden and complex. However, because the legal system is not perfect, there is a lack of unified or special laws, regulations and judicial explanations for such civil cases. This causes a deficiency in standards and basis when judging the aspects of case qualitation, liability assumption, distribution of evidential burden, etc. On the other hand, uneven level of the judges all over the country leads to different views on finding of facts and application of laws among the judges. As a result, each courts’ referee standards are quite different, the different verdicts in the same kind case occurs everywhere. To clarify the series of adjudication rules is not only related to the legitimate interests of the parties, but also related to the orderly development of the banking industry and the stability of financial order. The bank card can be classified into debit card and credit card. Due to limitations on space, this paper mainly focuses on the adjudication rules of debit card fraudulent.The full text consists four sections:The first section is the legal relationships based upon the bank card fraudulent. This section is the analysis on basic legal relation. In this section, the first to discuss is foundation concepts of bank card and the legal subjects and the rights and obligations between the parties connected to bank card. The legal relation between the subjects such as issuing bank, cardholder, agency transaction bank, acquiring bank and merchant get confirmation. On this basis,the author further analyzes the nature of bank card fraudulent, clearing and definiting the victim and the liability subject of this caseThe second section mainly focuses on security guarantee obligations of commercial banks, along with the legislative authority that the commercial bank takes the legal consequence, responsibility determination and legitimate or agreed reasons of responsibility relief. In the process, the author explores the legitimacy and effectiveness of the escape clause in some controversial standard terms.The third section is adjudication rules of the bank card fraudulent in our country and correlation analysis. In this section, the author organizes some typical judgments of recent years, and compares and analyses the adjudication rules of these judgments. Finally some key adjudication rules that need to focus on are summarized. Then the author induces and sums up related adjudicate guiding documents of all level law courts.The fourth section is the author’s opinion about common disputes of substance and procedure in the process of trial. It includes responsibility determination, determination of true card and counterfeit card, procedure dispute of the implicated relation between criminal and civil litigation, and distribution of evidential burden.