Analysis Of The Civil Liability Of The "debit Card Stolen" Case

The first section of this article is to the cause of action, case, judge the way of thinking and judgment is based on the results of the, to "debit card fraudulent" typical cases were analyzed. There are four main kinds of the judgement: Ruling depositors take full liability to pay compensation; Ruling bank bear full liability to pay compensation; Ruling depositors and Banks in proportion to share; Decision to dismiss. Shows that the class of cases in the entity and procedural aspects of the dispute. Summed up the focus of controversy in this case: the nature of the contract relationship between the depositors and the card issuers, the distribution of burden of proof, the issuing bank and depositors between distribution of civil liability and the first penalty after the application of principles of the people ".In the second part of this paper, the focus of controversy in the case of "debit card stolen brush". Above all, from the traditional civil law theory analysis tool-- the theory of civil legal relations of that depositors and the issuing bank exists not only between savings contract, debit card use, commissioned by the combination of multiple rights and obligations of the settlement and consumer lending. And the existing theories and cases are not clear between the different, not only hindered the development of the financial sector, but also led to many ills and contradictions in the judicial trial. In the allocation of burden of proof should be considered savers and the issuing bank's ability of burden of proof, Contractual Savings in the debit card ownership is equal to the terms and conditions, shall be borne by the issuing bank proof that debit card authenticity and depositors are intentional or gross negligence resulting in leakage of the password. Analyzing the default behavior is by the issuing bank to, to identify the "debit card fraudulent case by the issuing bank to fulfill civil responsibility of compensation for the share. The depositor is based on concluding a savings contract and deposit behavior with the issuing bank to produce a savings contract legal relationship, and criminal infringement behavior of issuing licensed currency property criminal legal relation," debit card fraudulent case should not use the principle of "first the punishment queen people".In the third part of the paper the author analysis the current "debit card fraudulent cases the emergence of a large number of reasons, put forward through the development of specialized financial consumer protection law, establish perfect the issuing bank account classification management mechanism, financial institutions to optimize system and carrier technology to protect the interests of financial consumers.