A Study On The Legal Issues Of The Identity Theft Of The Bank Card Disputes

With the increasing popularity of bank cards in China,the increasing cases like some criminals stealing cardholders funds by fake bank cards seriously impact the cardholder and bank funds security.As a result of there is no specific provisions in China's existing laws and regulations and judicial interpretations,which not only brought the court considerable difficulty in handling such cases,also impact the unity justice.This paper sets point from the dispute between some bank and Zhang,mainly clarified the legal relationship in the identity theft of the bank card disputes,liability of the identity theft of thebank card and the dispute and proof responsibility distribution.By the scientifically defined the legal relationship in the bank card related legal disputes,analyzed the loss and responsibility of the stolen bank card funds,which has a theoretical and practical significance in protecting the rights and interests of the cardholder and maintaining financial order.Current situation,the significance of the topic and the purpose of the paper writing will be introduced in the foreword part.The first chapter raised the dispute case between some bank and Zhang,clarified the legal relationship in the identity theft of the bank card disputes,liability of identity theft of the bank card and the dispute and proof responsibility distribution.The second chapter analyzed the legal relationship of the identity theft of the bank card card disputes.In bank processing services,it has something to the cardholder,the issuing bank and merchants.Thorough analysis of the three parties involved in the bank services combining different theories is introduced in this chapter.The third chapter proposed that the case between bank and the cardholder shouldbe determined on the basis of fault principle,equity principle prevailed in some special cases.The cardholder and the bank should bear the burden of proof.In the case,the court held that the password is unique,which party unveiled the password undertakes the responsibilities.However,the present technology can not guarantee there are loopholes in the process of transaction,there is also the possibility of criminals obtaining password through technical methods.Therefore,the burden of proof lies to the bank,if there is evidence shown that the cardholder has fault in keeping the card safe and password confidential,the bank will reduce or avoid the corresponding responsibility.The fourth chapter proposed suggestions based on the analysis of the legal relationship,principle of imputation,the content of the burden of proof,the analysis of the bank,the cardholder,merchant,civil liability of the identity.