Analysis Of The Series Case About The Transaction Disputes Of Cloned Bank Card

In today's times,with the rapid development of economy and science and,bank card because of its convenient and efficient superiority is also increasingly common.But things are beneficial to the pros and cons,bank cards in the convenience of people's lives at the same time,it inevitably brought a lot of risks,resulting in the financial field of crime is not uncommon,cloned card transactions dispute cases are endless,it seems to become a society problem that cannot be neglected.Criminals by cloned bank cards to steal others card money,such acts not only undermine the legitimate rights and interests of cardholders,but also seriously disrupted the social financial order.The occurrence of cloned card transactions,eventually leading to bank and cardholder litigation disputes,but the judicial practice of the court ruling results are not the same.The article chooses Wang Dongle v.China Merchants Bank Beijing Jianguo Road Branch Savings Contract Case,Xia Li v.China Industrial and Commercial Bank of China Beijing Yongtai Branch Savings Contract and Wang Yanling v.China Industrial and Commercial Bank of China Sanlitun Branch Savings Contract Three typical cases,analyzed the basic case of these cloned card transaction dispute cases,summed up the controversial focus of the cases,such as how to define the cloned card transactions dispute,whether the application of the first sentence of criminal procedures,how to allocate the burden of proof and how to determine the legal responsibility.The identification of the cloned card transaction is the prerequisite for the issuer to bear the legal liability,and whether the principle of the first sentence should be applied to the protection of the legitimate rights and interests of the parties very practical significance.At the same time,in the case of counterfeit card transaction dispute,the principle of the distribution of the burden of proof in the court will directly affect the fact that the authenticity card transaction,the distribution of the burden of proof of the bank card password,and the final judgment of the case.In addition,for the cloned case concerning with the cardholder's bank card transaction legal responsibility that will determine the money loss caused false card stolen brush's ultimate responsibility.In view of this,the article combined with the basic case of the selected cases,by comparing the various courts on the controversial focus of the different judgments,with a view to the courts,banks and cardholders to provide meaningful practical reference.It is undeniable that there are many problems such as the lagging of legislation in the judicial trial of the current fake card transaction dispute,the imperfect management of the banking industry,the weak awareness of the depositors' guard and the inconsistency of the court referee standard.To improve the judicial authority and reduce the risk of the bank card trade,we should improve the legislative work,standardize the banking management,improve the awareness of prevention,strengthen the legal penalties and the social integrity,multi-party collaboration to jointly promote the healthy development of China's financial industry.