The Analysis Of Civil Liability In Transactions Of Forged Bank Cards

In recent years,bank cards are widely used in our daily life.With the increase of bank card business,cases of transactions of forged bank cards also emerge in an endless stream.Criminals use stolen information to forge bank cards,and use the forged bank cards to withdraw cash,transfer or consume,resulting in that while the cardholder holding a bank card,card funds are missing,so the cardholder sued the bank for the damages.Although the cases are similar,the judicial practice are always inconsistent.The biggest controversy is as to the losses caused by the lawbreaker,how to dispute the responsibility between bank and the cardholder.In this paper,from the perspective of debit cards,we will analyze the specific legal issues in forged bank cards transactions.The first part of this paper analyzes the judicial status quo of forged bank card transaction disputes,points out the different judgments in judicial practice and the factors that affect the judicial decision.The second part analyzes the relevant legal acts in the transaction of forged bank cards,thereinto,the paper discusses the question that whose property the lawbreakers damage and the nature and effect of the bank's payment.The third part discusses the legal liability in the cases,including the nature of bank's responsibility,doctrine of liability fixation,the constitutive requirements and how to distribute the burden of proof between the cardholder and the bank.The fourth part of this paper reflects on the current rules of our country,investigates the relevant experiences abroad,and then further suggests that we should learn from the experience home and abroad,limits the liability of the cardholder,and finally the paper puts forward the resolution of the civil responsibility of the bank and cardholder.