A Study On Some Problems Of The Illegal Swiping Of Civil Disputes On Bank Card

There are more than 30 years since China has issued the first bank in 1985.With the unceasing promotion of modern information techniques and computer performance,bank card as the most popular payment and settlement tool has permeated into every aspect of industries and lives.The promotion and use of bank cards has promoted the development of economy and society,which also brought great convenience to people's daily production and life.At the same time,however,the problem of bank card risk has become increasingly prominent.In judicial practice,there are more and more crimes involving bank card.The case about false card and Unauthorized stealing are areemerging in an endless stream.Which brought serious problems to the issuing bank and bank card users.Since such cases have not only involved criminal crimes,but also often lead to civil disputes between depositors and banks.Therefore,the people's court accepted the related case quantity rises rapaidly.However,Because of the legislation blank in card business of our country and judicial interpretation lack of operability,coupled with the particularity of the bank card dispute itself,these factors lead to the judicial problems of similar cases with different sentences that will demage judicial authority.In view of the above problems,the author analyzes the difficult problems of the civil disputes of bank cards cases and puts forward the author's own ideas and thoughts in the perspective of the typical Unauthorized bank card case.The paper divides into four parts: the first part introduce the basic details of the case and the case after hearing and the results of the referee,summing up the dispute focus of the case at the same time;The second part,Mainly discusses the entity legal issues involved in this case,including the effectiveness of the pseudo card transactions,civil liability subject and the application of the principle of imputation,expanding the case dispute;The third part relates to the case involving the procedure legal issues,including the allocation of burden of proof and criminal and civil relationship;In the fourth part,The author analysis of the case which is also divided into two aspects of entity and procedure,comparing the different points of views of theory and practice,and putting forward my own opinions and standpoints.Theconclusion part involves the case caused by thinking,putting forward the objective facts of moral hazard and balancing the interests of the card users and issuing banks.to different value orientation.Finally,the author offers the proposed recommendations from the perspective of strengthening legislation,speeding up the bank card security construction and increasing bank card crime crackdown.