Study On Bank's Civil Liability Of Unauthorized Using Of Deposit With Bank Cards

Economic development boosts banking industry,which causes an soaring n umber of bank cards.Accordingly,card disputes tend to increase day by day,and among these,fraudulently receiving saving deposit is the most common on e.But for the responsibility confirmation and assignment to the banks,relevan t laws lack clear regulations.Also,no unified judicial criteria is formed in the legal practice.Thus,this situation can neither meet the card owners' expectati on to safeguard their interests;nor satisfy the banks' desire to protect their go odwill;nor help our nation to maintain the financial security.Considering the disadvantages and ambiguity in the original theory,it is n ecessary to remedy these weakness by synthesizing external experience based o n existent laws.After a detail analysis on the legal relation of deposit contract,this text holds the following views:First,no extra attention needs to be paid to the nature of the contract but more to the terms of specific rights and obligations,which can protect the ca rd owners' interests effectively---and at the same time--to make it more oper ational.Second,the ownership of deposit should belong to banks.The card owner is the creditor but banks have the right to use the deposit as well as perform the duties of payment,prudence and security.Third,as for the property of bank responsibility in the cases of fraudulent ly receiving saving deposit,it may cause concurrence between liabilities for br each of contract and liabilities for tort.From the comprehensive evaluation,lia bilities for breach of contract forms the overall advantages for the card owners.But it may make it possible to put the card owners in an awkward position when they can't provide proof in reality.With that in mind,in order inclined to protect the card owners' legal rights,relative technical treatment should be made to the burden of proof system under these liabilities---conduction of rev erse the burden of proof---banks self proof their innocence.Last,this text puts forward some improvement suggestions and measures,f or instance,explicit stipulation about deposit contract in the Contract Law and establishment of maximum liability clause,with the hope that they will benefit t he solution to these issues.