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Study On The Rosporsibicity Of Commercial Banks In The Case Of Bank Card Fraudulent

Posted on:2018-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:P SunFull Text:PDF
GTID:2336330515498676Subject:Law
Abstract/Summary:PDF Full Text Request
Convenient and efficient,bankcard is widely used nowadays.While it brings people convenience,it also causes an increasing number of bankcard frauds through technical means by some criminals.However,our country has no specific rules dealing with the legal responsibility of bankcard fraud criminals due to the imperfection of legal system.So the court lack standard legal basis when it has to define law nature,legal responsibility and the distribution of the burden of proof,which leads to dissimilarity verdict in the same kind case.Therefore,to provide reference for judicial practice,specific forms of bankcard frauds are listed and the causes of these cases as well as the judicial rules of different provinces are analyzed in this article.This article mainly covers four parts.Firstly,in the introduction,by analyzing the data about bankcards fraud released by the SunJun&Associates,the author draws a conclusion that there is a rising tendency of bankcard fraud,which results from the popularity of bankcards.Besides,the author also stresses the necessity of improving the poor sense of security obligation and personnel quality of the bank.Secondly,the current court rules of bankcard frauds are analyzed in this part.Some common forms of bankcard frauds,such as clone card fraud,online banking fraud,bankcard fraud are mentioned by listing examples and analyzing theories.It also states that the poor management and technical defects of banks also contributes to bankcard fraud.Meanwhile,by analyzing typical cases in Nanjing,Tianjin,Shanghai and Shanxi,the identification of bankcards,affirmation of the bankcard fraud,affirmation of the nature of the contract,affirmation of the rights and duties of banks and cardholders,the fault of banks and cardholders,basic rules of confirmation of duty and the burden of proof are studied in this part.The study shows the tendentious opinions on judicial rules of courts at all levels.Thirdly,this section mainly focuses on the legal principle analysis of bankcard frauds.To start with,the legal relations and rights and duties among the card issuing bank,cardholders,specially engaged commercial businesses and correspondent banks are discussed and analyzed in the form of charts and characters.Besides,the legal relations of the parties involved(the accuser and defendant)in clone card fraud are described.In addition,the doctrine of liability fixation fit for bankcard fraud and the general defenses of banks are studied.Suggestions are offered regarding the application of doctrine of liability fixation during the course of trail.That's the principle for presumption of the fault in ordinary cases and the principle of justice in particular cases.Finally,proposal for the improvement of commercial banks' performance of compensation liability are mainly discussed on three aspects:clear definition of the nature.of the commercial banks'compensation liability and the detemination of influential factors on commercial banks' compensation amount.
Keywords/Search Tags:bank card, fraudulent, the cardholder, liability for damage
PDF Full Text Request
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