Research On Civil Responsibility On Unauthorized Use Of Debit Card

Cases of unauthorized use of debit card usually are that lawbreakers copy the magnetic stripe information to fake the victims’ debit card and consume by illegal means. Such behaviors will not only hurt the cardholders’ benefit, causing doubt about security of depositing money; but also damage the bank’s property and reputation, which impedes its business development. Due to the deficiency of law, the dispute of debit card between the cardholder and bank always leads to extremely different judicial result. The controversy is how to distribute the testimony liability of both parties, how to undertake the civil liability and assume their respective proportion. The key to clarify the issue is to analyze what respectively is the victim subject and the victim object,what are the main liability subjects and how to allot the testimony liability. It is of great practical significance to maintain stability of financial world, by scientific and accurate definition on relevant legal relation of bank cards, proper analysis at loss and responsibility sharing in unauthorized use, and guarantee of cardholders’ legal rights.To start the discussion in the first section, the thesis throws a disputed issue that different courts give different trial results on similar cases. In the second section of the thesis, it nomologically analyzes relevant issues by clarifying the legal nexus of different subjects in the dispute of unauthorized use of debit card. Then the paper tries to analyze the characteristics of responsibility for the unauthorized use of debit card, carrying on discussion about allocated principles and specific item of giving testimony liability between a cardholder and the bank. In the last section, the thesis tries to provide a solution to this kind of dispute.