Legal Study On The Disputes Of The Bank Card Fraudulent

With the development of China's open policy,the Chinese economy develops unceasingly,and the lives of people have greatly changed.Bank card has gradually replaced the passbook as the life necessity, ATM machine and POS computer terminal also have replaced bank teller and cashier as the preference of people.As the new type of payment tool,bank card brings opportunities to the banking industry and brings convenience to financial consumers.With the extensive application and expanding influence of bank card,risks followed.Bank card crimes occur more frequently,including the bank card fraudulent.It not only caused losses to the bank,cardholder and merchant,but also hindered the development of the banking card industry,undermined the stability of the financial order in China.Due to the lack of relevant legal provisions and uniform standards,in unauthorized band card disputes,same case with different sentences occurs frequently,which caused a harmful effect in society.In order to solve this problem,it is necessary to analyze the disputes of the bank card fraudulent.The contents of my article is divided into six parts:The first part is the preface part,mainly describes the research background,significance of the article,domestic and foreign research dynamic and the ideas and methods of this article.The second part mainly introduces the basic knowledge of the bank card fraudulent,including the kinds and functions of bank card,the definition and manifestations of the bank card fraudulent.The third part focuses on the legal relations of bank card between cardholder,issuing bank,merchant and correspondent bank,and summarizes the ownership of bank deposit.The fourth part mainly analyses the nature and proceedings of the litigation about bank card fraudulent,and introduces the distribution of burden of proof.The fifth part focuses on liability for breach of contract.This part mainly analyses obligations of principals and clearly puts forward the legal liability of principals in different situations.The sixth part is aiming at the causes of bank card fraudulent,and making suggestions to prevent risks including perfecting legislation,optimizing operating system,strengthening internal risk control and enhancing alertness.