Study On The Civil Liability Of The Bank Card Stolen Brush

As an important payment and financing tool in daily life, the bank card brings enormous convenience to our life along with many problems. Nowadays, the dispute caused by fraudulent bank cards is often found on Internet and newspapers, bringing a lot of trouble to cardholders, banks and commercial tenants. In order to safeguard their legitimate rights and interests, cardholders will usually choose to accuse a bank or a commercial tenant. On account of the lag of legislation, the discretion of the judge and other factors, it has not been formed a consistent judgment which subject should take responsibilities and what is the arrangement rate of responsibilities in the same cases. This phenomenon, on the one hand, because of a lack of judicial authority, is not conductive for a party to satisfy the judgment and cease appealing;on the other hand, is not conductive to regulate transaction’s order of the bank card and to develop healthy finance. This paper, beginning with two cases, leads to the topic, and elaborates the legal relationship among the main bodies of the bank card. In the view of protecting cardholders’ interests, it shows that what the bank should bear is a liability for breach of contract, whether criminal procedure is necessarily prior to civil procedure when civil justices polymerization of criminal and civil, and whether the trial of civil case is based on the result of criminal case, and comes up with the responsible body of fraudulent bank cards and the burden of proof each body should take, as well as assigns the responsibility. This paper is divided into four parts.The first part is the introduction of the case, describes the status quo of fraudulent bank card cases within different sentences.The second part analyzes the current situation and ways of fraudulent bank cards, then,evaluates the civil liability provisions of the fraudulent bank cards.The third part focuses on the legal relationship among main parties of the bank card,and comes up with the idea about the ownership of the funds in bank cards, the quality of liability of fraudulent bank cards and the relationship between civil law and criminal law.The fourth part describes the main body to take responsibility of fraudulent bank cards, the burden of proof, the allocation of responsibilities, at last, proves civil liability of fraudulent bank cards.