Study On The Judgment Rules Of Fraudulent Cases In Bank Card Network

With the rapid development of electronic commerce and the continuous increase of Internet technology,more and more people choose through the bank on the net,pay treasure,pay,in the form of quick and convenient network payment experience,great changes have taken place in people trading habits.But at the same time,through the network outlaws for unauthorized means to steal money,inside bank card is becoming a huge risk of online transactions,and disputes are constantly emerging.Dispute in the bank card network for unauthorized practice of judicial judgment,because of the lack of unified or special laws,regulations and judicial interpretations,leads to the qualitative bankcard network for unauthorized disputes,the responsibility,the respect such as the burden of proof allocation criteria and a lack of clear,plus all the judge to apply the cognizance of facts and legal disputes have different opinions,cause very big gap between the referees around the results,different connection with the given examples can be seen everywhere.Sort out these disputes the referee rules,related to the lawful rights and interests of the parties can be protected,and also related to the network payment orderly development and the stability of the financial order.The author,from the perspective of the bankcard network for unauthorized disputes typical cases,using the basic principles of the civil law standard and the basic theories of tort,breach of contract,legal relations involved in the dispute,litigation right foundation,the fact that,imputation principles,such as research,the last of such dispute court judge rules are proposed.The full text is discussed in the following four sections:The first part is the analysis of the status of the judicial referee in the card network.In this section,the author firstly,the pearl river delta region of guangdong province of a grass-roots court case data were analyzed,and then choose from among the three relatively generalizes the typical case,the judge rules in these cases the comparison and analysis,summed up the bankcard network for unauthorized disputes in our country at present the focus of the referee rules with difficulty.The second part is the legal analysis of bank card network theft brush dispute.This part mainly discusses the basic concept and characteristics of bank CARDS,the definition and main forms of network for unauthorized behavior,disputes involving legal relation and the rights and obligations of the legal relationship between the main body,has been clear about the bank card cardholder network for unauthorized the dispute,the legal relationships between Banks and third-party payment platform,based on the analysis of the rights and obligations of the cardholder and the Banks,responsibility cognizance groundwork for the study of such dispute.The third part is the responsibility of the card network theft brush dispute case.This part first discusses the cardholder will bank appealed to the court's power base as well as the legal basis,the current court such disputes at the same time the referee thought are analyzed and summarized the current court judge ideas about the controversy over responsibility identification and deficiencies,then such disputes between the parties in the responsibility of the properties are analyzed,defined the responsibilities between the cardholder and the bank should be the responsibility of breach of contract.Finally on the basis of the above-mentioned analysis,in combination with the current court referee train of thought,using the basic theory of breach of contract,tort,the bankcard network for unauthorized the imputation principles of disputes and the burden of proof allocation are analyzed.Section 4 is the card network theft brush dispute case of judge rule perfect.On the basis of prior study of three parts,the author to such disputes the referee rules perfect put forward its own Suggestions,including the case acceptance,by the people,and punishment dispute at the intersection of the unauthorized the cognizance of facts and rules of distribution of evidential burden.This paper discusses the research of the card network theft and brush disputes,and can help to safeguard the legitimate rights and interests of litigants and promote the stable development of online transactions.The full text is more than 30,000 words,although the writer is not like the pen of the rafters,also insist on the driest.