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Research On Legal Problems Of Identity Theft On Bank Card

Posted on:2017-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
For Ma XXs lawsuit of debit card dispute case with Tongxin County Branch of Agriculture Bank of China,the court has rejected Mas lawsuit request at the first instance,but at the second instance,the court has confirmed the payment ratio according to the fault degrees between Ma and the bank.The trial results of the court for this lawsuit are totally different.Through analysis of this case,it is believed that there are four focuses,which include confirm the corresponding obligations of card issuing bank and cardholder,whether Xingxing Xiabei gas station and Minle Postal Savings Bank pursuing POS machine credit card business should bear the responsibilities,whether the exposure of password can exempt the issuing bank from responsibilities,the confirmation of responsibility ratio of issuing bank and cardholder.It is found out after checking all related judgment documents that the trial results of each local court are totally different and for similar cases,there are judgments rejecting all the lawsuits of cardholder;sentencing both cardholder and issuing bank to bear related responsibilities and sentencing issuing bank to bear all the responsibilities.This paper has made research on fraudulent credit card and other related legal issues through comparing and analyzing different cases,tried to the analyzed the rights and obligations between cardholder and issuing bank through analyzing the constitutive elements of civil liability of bank in fraudulent bank card cases as well as imputation principle and burden of persuasion of civil case of fraudulent card,two secret keys of cardholder,which is the influence of mastering degree for bank card and password on the rights of cardholder and the allocation of burden of persuasion after the rights are violated,the influence of collateral obligation on the bank,on this basis to determine whether the issuing bank should bear the liability for compensation and how to bear the compensation,avoid the happening of different sentences for the same case and then understand the real legal risks in civil case of fraudulent bank card and propose the own suggestions according to two aspects,including both the perfection of bank card legislation and the standardization of bank card government regulations.
Keywords/Search Tags:bank card, fraudulent Bank Card, imputation principle, burden of persuasion
PDF Full Text Request
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