Research On Civil Liability Of Bank Card Theft

With the popularity of the banking industry,the bank card payment model is more and more accepted by the people,has become one of the indispensable means of consumption.The bank card in the convenience to the people,while promoting economic development,which exist in the use of loopholes in management and technology is also used by some criminals,fraudulent bank card is the most serious problem is the embodiment of.The frequent fraudulent bank card not only infringes the lawful rights and interests of citizens,but also seriously harm the country's economic order,involves this kind of crime is more extensive,not only relates to criminal fraud,civil compensation to the victim,the civil subject involves fraudulent,banks,cardholders,merchants and other subjects civil,the legal relationship is more complex.At present,in the bank card related social relations in the field of our country,the government did not take legislative measures to involve a series of problems in the use of bank cards,which also makes when the cardholder's legitimate rights and interests of criminals violated,the cardholder can not take the corresponding effective relief measures.Although the parties in the civil legal relations are equal,but when it comes to the bank card relationship,taking into account the realities of banks has always been a strong position and fraudulent people are often difficult to find the whereabouts of the rights,the behavior of the cardholder generally subject to many constraints.In practice,banks are usually signed by the terms of format to the cardholder card in the contract to transfer the bank's own risk,and to bear their own bank card to keep from talking about safety supervision obligation,technology update obligations,causing the cardholder relief difficulties.This paper first describes the related concepts of reason of fraudulent bank card and,starting from the civil legal relationship between banks,merchants and cardholders and fraudulent person of the four,to enjoy their respective obligations and rights of.At the same time,between taking fraudulent banks and between people and the tort liability of the bank and the cardholder's liability for breach of contract as the key legal issues related parties is discussed on the basis of civil liability,the burden of proof,responsibility,and strive to be on legal issues behind the complex relationship between fraudulent bank card clear.The author believes that the cardholder will deposit money in the bank,that is,to enjoy the creditor's rights to the bank,that is,the cardholder for the creditor,the bank for the debtor.Therefore,when the bank card stolen brush,the ownership of the money stolen brush belongs to the bank.The specific relationship,between the bank and the cardholder is based on the contract arising from the breach of the complaint;between the bank and the fraudulent one is tort liability the tort based on the three put together;analysis is by fraudulent people(third people)violated the property of the bank(the Yin Hangbao tube holder the deposit or the bank's own money),or third people,causing the bank for infringement,the cardholder cannot pay or wrong payment liability for breach of contract,bear the liability for breach of contract to the cardholder in the bank,the bank may make fraudulent people again for recovery.